Legal Question in Employment Law in California
Unsafe work environment
Many coworkers in my department complained to HR and Management about an employee who was hostile and harrassing. This individual did many things including: grabbing another employee's arm, would not leave our cubicles when asked, would stand on her desk to look over the cubicle wall to see what another coworker was doing, vandalized personal property, was caught going through 3 people's desks, broke into a coworker's email, spread false rumors about coworkers, glared at coworkers when they walked by.
Several of us told management that we feared for our physical safety. Nothing was ever done - she was never investigated nor reprimanded. We were told by our mananger that we should just ignore it.
Come to find out - after speaking to an Employee Assistance Personnel representative - our company has a policy that if one person expresses fear for their physical safety, an investigation should take place, and the individual in question could be put on paid leave and a test done to see if they are mentally fit to be in the workplace. This was never done.
The employee quit a couple of weeks ago, but is the company liable for not protecting us?
2 Answers from Attorneys
Re: Unsafe work environment
The person who left had a stress claim because of fear, this matter is complex and they should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation
Re: Unsafe work environment
The employees who were subjected to fear and harassment by this co-worker, may bring a worker's compensation stress claim against the employer. Call us at 213.38.7070 for a free consultation.
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