VictimologyVictimologyApproximately three weeks ago at an undisclosed location, there was a brutal case of workplace violence. What started out as a simple argument between two co-workers, turned into a bloody brawl. Two hair stylists at a local beauty salon were having a small clash over one of the stylists stealing the others clients. The two of them began to raise theirs voices at one another and that Is when it started to get ugly. The male stylist began to then insult his fellow co-worker out loud for the rest of the staff and clients to hear. The comments that were being made were very degrading and embarrassing. The female employee then flicked the male with her comb. This action was not taken lightly by the male and he proceeded to slam her in the head with his blow dryer. The female picked up her sheers and jabbed him in the chest. This ended up being a very violent quarrel, which could have been prevented if popper actions would have been made in the first place.
Workplace violence is a very common crime. When in the work place, there are often many feelings of hostility and resentment. In order to help prevent these feelings, the proper respect and dignity should be given to all employees. The best protection employers can offer is to establish a zero-tolerance policy toward workplace violence against or by their employees. The employer should establish a workplace violence prevention program or incorporate the information into an existing accident prevention program, employee handbook, or manual of standard operating procedures. It is critical to ensure that all employees know the policy and understand that all claims of workplace violence will be investigated and resolved promptly.
Tell your supervisor, your human resources department or some other department or person within your organization who has the power to stop the harassment. If possible, tell them in writing. Keep a copy of any written complaint you make to your employer. It is very important that you report the harassment because your employer must know or have reason to know about the harassment in order to be legally responsible for a co-worker, client or customer’s actions. Even if your harasser was your supervisor, you may need to show that you reported the harassment to your employer or give a good reason why you didn’t. When you are deciding what to do, remember that every situation is different. There is no one best thing to do. You should always report the sexual harassment to your employer. You then have the option to use your company’s sexual harassment complaint process, file a charge with a state or federal agency, and/or go to court. It is a good idea if you
to do all three. In addition, if you find that a co-worker is abusive, or is being bullied, or you find harassment is being carried out by someone you disagree with, your human resources department must decide to investigate the matter. Once I told my supervisor that I was leaving, he said, “Let the harassment go,” but I didn’t take me for granted that he decided to continue harassing me without explanation.
’ If a co-worker is being abused, you should contact their (or what your human resources office called) Attorney General or other appropriate authorities to get the investigation underway.
‡ As with all aspects of the legal system, there is no legal reason to stop such activities, however, they will still come up in court when you feel you are entitled to a reasonable length of time of delay. For example, if you feel you have been harassed, in your professional life you could pursue a civil action that you have not tried to defend before, with additional demands that you have filed. If you are unable to get to a reasonable length of delay because a civil action doesn’t even fall within your jurisdiction, you have more than one avenue to proceed.
‡ It’s highly unlikely that you will find any recourse, and the ability to sue without having to prove one as an expert is very rare. However, legal action is usually the easiest and safest. If you experience a difficult situation before, you might want to apply for and receive a restraining order to maintain a civil suit. And most restraining orders may not even meet the standards set forth by statute.
Many law firms, for example, have experienced instances where a person was repeatedly asked to file a false report. In these cases, if an attorney can prove to you that you are not in fact in contempt of court, that you may lose the claim, and that the alleged perpetrator was under a specific and valid restraining order then, you can get the order for your case. Your best defense is to try to come up with a reasonable time frame. After every case, as you decide to file it, you should use all available resources. There are many other legal advice resources, such as our professional help page, on the Internet site of the National Lawyers Guild, the National Center for Equal Employment Opportunity. Lawyers for individuals and families sue many kinds of situations, from sexual harassment investigations to civil rights actions. Our lawyers work with almost every situation and are available at our local, state and federal offices. But please note that some cases are covered extensively in our legal assistance page . You can contact us for more information on how to begin or stop a complaint.
‡ If you filed a complaint, your right to sue is limited to:
I gave the alleged abuser any reasonable excuse.
I told the alleged perpetrator no change.
I did not engage in the behaviors of the alleged abuser.
I used reasonable care to address the alleged abuse.
I took reasonable steps to avoid any further misconduct in my life by my conduct.
I did not intentionally violate any other person by my conduct.
‡ I am the defendant in a lawsuit. If I am allowed to pursue an argument, I may seek monetary damages.
‡ I use reasonable care to resolve the issue.
‡ I am not under pain of legal action. If I pursue a civil action, I may request a court-order to pay damages.
If you don’t feel entitled to a reasonable time frame for filing a civil action, you may still file a lawsuit. This can take up to a year or more. Many cases involve personal issues, some involving physical injury. When you file a lawsuit, your lawyer will work closely with you from the