Q: If my employer allows a student to enroll on campus, despite my reported assault incident, can I sue my employer?
I work at a private, for profit vocational school, and I was assaulted by a previously enrolled student on campus. I reported the incident to my supervisor and superiors, and I am afraid that they will end up reenrolling the student sometime in the future. I requested that the student, who hit me on campus, can never enroll at our school due to this assault. I do not know if I am within reason to sue my employer for negligence or providing a hostile work environment? If in the case they enroll the student, whether it is in person or remote, they knowingly enrolled a student who enacted physical harm to a staff member, which would constitute a hostile work environment? or negligence? Please inform.
A:
There is no such thing as a hostile work environment legal claim. That comes from a widely held misunderstanding of the analysis involved in determining whether someone has been subjected to unlawful harassment based on their membership in a protected class of people. It has nothing to do with hostility toward you, i.e., risk of physical harm.
An employer has a duty to maintain a violence free workplace nonetheless. That does not necessarily mean the employer must never allow the aggressor back into the school if the employer has taken reasonable steps to assure your safety.
Finally you have nothing you can sue your employer about until you are injured by this person once again. You cannot sue the employer for letting the aggressive person back to the school if there have been no further incidents. If you are injured, your remedy will be through the workers compensation system.
Good luck to you.
Dan Rowan Cortright agrees with this answer
A:
YOU HAVE TO HAVE DAMAGES TO SUE AND WIN MONEY.
YOU CAN SUE IN SMALL CLAIMS FOR UP TO $10K, BUT YOU STILL HAVE TO PROVE DAMAGES.
WAS THERE AN ADJUDICATION OR JUST AN ALLEGATION?
WERE YOU MY SISTER I WOULD SUGGEST YOU TALK TO YOUR EMPLOYER AGAIN ABOUT YOUR CONCERNS FOR YOUR SAFETY........MAYBE EVEN SEND A LETTER SO YOU HAVE DOCUMENTATION.
A: You should file for a restraining order if you think this person will be coming onto campus. If you find out the school is enrolling the student then you should meet with them and show them the restraining order. The other answers cover other areas of concern to you.
Dan Rowan Cortright and Brad S Kane agree with this answer
A: You did the right thing in reporting the incident to management. However, the school does not have to honor your request not to re-enroll the offending student. If they do re-enroll the student more information is needed. Is your employer taking steps to keep you out of harm’s way despite re-enrolling this student? For instance, if the student is enrolled remotely, it seems unlikely they could threaten physical harm to you. However, if the school accepts the student and allows them within close proximity of you, this may show a failure of the school to protect its employees from a known threat. Schedule a consultation with an employment attorney to discuss the details of your case and to review legal options.
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