Can you be fired for getting a restraining order against a co-worker?
Find answers to your legal question.
Can you be fired for getting a restraining order against a co-worker?
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I have a co-worker who has been harrassing me and making threats against me. I went to the management and they haven't done anything because it's her word against mine. Now that I am looking into a restraining order, one of the managers has threatened to fire me if I get one against her. This doesn't sound legal to me. What do you think? I work in Arizona.
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Never get what you want!
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Doesn't sound right to me. Sounds to me like you should go to DM or corporate, because the management should make you feel comfortable at the workplace. If a coworker is threatening you and harrassing you then the manager should have taken care of it, sounds like favortism to me! Go to someone above the managers head. And to help out a little more call a lawyer and ask them, cause if you get fired you could have a case. Hope this helps, and best of luck! |
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Mel
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Start documenting what is happening - what was said, when, to whom, etc. Documentation is power when it comes to any sort of legal situation. If you receive threats in writing, keep any evidence - notes, emails, and so on.
Retaliating against an employee who files a harassment claim is indeed illegal. Visit www.eeoc.gov for more on what constitutes harassment. |
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Joe S
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I don't know but creating a hostile workplace is certainly a good reason to sue the your job for harassment! |
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Just Another One
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Make sure you get copies of the reports that you have made. Get your managment to give you copies and everything. I don't think that it is legal, but I am pretty sure they will make one of you leave.... Who is really legal today anyway!! Just kidding well good luck |
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Nicole R
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I would contact your supervisor's boss or the human resource department and tell them what happened and that you are getting a restraining order. I don't believe they can fire you and you can probably sue them if they do and collect unemployment from your state.
-HR Girl |
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Rich
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I'm pretty sure that they can do that because it's interfering with the way they conduct business on a daily basis. You can't get a restraining order against someone that works in the same company and expect the employer to play police and keep you two separated. If they didn't fire you, they would be putting themselves in the middle of this unholy mess. |
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steve
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well if HR cant make a determination which of you to believe-tehy are trying to be fair in not punishing an innocent party-i have no doubt that they have investigated and found no support on either side
while typcially you cannot be punished for exercising your legal rights outside of the workplace-it becomes another matter when it spills into the workplace-why should mangment have to put up with this peyton place drama and a TRO and be forced to sort out this type of thing? My point is not your right to a TRO-but rather the company's right not to have to referee -especially if they dont have enough to confirm or refute your allegations
as for suing-for what? exercising your legal right-welll maybe-BUT you dont have a right to force the company to abide by the civil restictions of your TRO-you dont have the right to disturb the work environment or co-workers, or to be able to work and not communicate or stay x number of feet apart-(typcial TRO provisions)
its no an legal accomodation that is required-
as for unemploymnet-the issue will be whos responsible for the separation-id say you-since you are the instigating force in creating the work situation-most uc hearing officers will probably find that it was beyond your control -or that you acted reasonably (giving the benefit of the doubt)
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steve
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just want to clarify -you may have a legal right to obtain a TRO-and under your state law-there may be a statute that says 'off duty lawful conduct is protected (unless it interferes with business etc)'
so the threat by the manager, if such a statute (or case law) exists is likely wrongful-ie a retaliation for exercsiing your legal off duty rights
but my response was more to what happens once you put the wheels in motion-it wont be the fact you get a TRO, but the fact that you may create an impossible workplace situation
good HR should have warned both of you (probably) about appropriate conduct, ie 'behave or else', perhaps even made attempts, if reasonable, to allevaite the situation-maybe not
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Red504
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If a person work in a nurse home an have a restraining order again him could he still work there |
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