Buffalo, NY asked in Sexual Harassment for New York

Q: Can I get a restraining order if a coworker is harassing me?

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2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
  • New York, NY
  • Licensed in New York

A: If there is a reasonable belief that physical harm may occur the police will interview and may refer it to a judge for an order of protection.

You should first discuss this with human resources. If human resources determined that you have taken some action against company policy it could jeopardize your job.

No employer has to be nice to any employee. Bullying laws do not apply at workplaces. If the employer thinks (not you) that this coworker does better work than you do and the employer has to choose who to fire, who might they choose? An employer needs no reason to fire "at will" employees (anyone without civil service or union contract or private contract of employment coverage or protection). Be careful.

Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Stony Point, NY
  • Licensed in New York

A: I concur with what Mr. Urba wrote. However, if the harassment is sexual in nature, or motivated by factors such as your race, national origin, religion, gender, etc. (i.e., where the law provides protection), then I suggest you discuss with a competent employment lawyer for advise on how to proceed. Even if you are an "at will" employee, the law provides protection against illegality (depending upon what laws may be violated).

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