Buffalo, NY asked in Sexual Harassment for New York

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

Related Topics:
2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, 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.
Answered
  • 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).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.