Legal Question in Employment Law in California

Abusive co-worker??

I work with a very negative person. He never confronts anyone face to face, only talks to himself or makes the comment to a third party. These comments are always directed at somebody and said loud enough for them to hear. His recourse is that the person misunderstood what he was saying. The company refuses to take action after any episodes and we are told not to provoke or respond to him regardless. As of late he seems bent on blaming everyone for harrassing him. Along with just about everyone, we go out of our way to not even associate or otherwise infuriate this person. As of late he has started writing in a journal/notebook anytime he talks to people or seems to have an altercation, usually of his creation. My questions are quite simply;1)what can I do other than telling my supervisors and HR every time I have a run-in or situation with this individaul? 2)is a journal a legal tool for possibly suing a person in the future? 3) do I have any legal recourses towards this individual if my company can't or won't settle this? (short of quitting) 4) if I do quit due to this continued problem, is the company responsible for anything since this is such a well documented situation?


Asked on 10/04/00, 7:39 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Abusive co-worker??

1. Just avoid him and keep your head down if (or should I say when) he starts shooting everyone in the office.

2. Yes, it can be.

3 & 4. Probably not.

4.

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Answered on 11/03/00, 12:26 pm
Joseph Posner

Re: Abusive co-worker??

1) Not much, other than going to the very top of the company (which could provoke retaliation) or moving on to a better job. 2), 3) & 4). Don't know -situation is too ambiguous for me to analyze, since it is ongoing.

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Answered on 11/02/00, 12:48 pm


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