Legal Question in Employment Law in Florida
Hostile Workplace Environment
4 Weeks ago a male co-worker, whom holds a mgt position above my level came into my office in an extremely agitated and out of control state. He is physically intimidating in size has a history of physical violence.
He went totally out of control, began cursing at me in the most violent foul language and was lunging over my desk at me. I was in great fear of my physical safety, as this man could have easily hurt or killed me. He left my office, only to return seconds later,become even more abusive. He used very derogitory terms as to my gender, (female) and age, (48). I reported these incidents both verbally and in writing to senior mgt and HR. To date, there has been no action or acknowledgement by the company. I am in fear of his presence.
What recourse do I have to address this situation? I fear that senior mgt. may be protecting him, as he is ''one of the boys''. He has a history of physical violence with former employers, the Police Departmet, and with my company now. I have a very hard time going to work anymore. I have been waiting for HR to take action Their answer today was to have us both come to a closed door conference so he could apologize. I refused to be in a room with him and one HR rep
1 Answer from Attorneys
Re: Hostile Workplace Environment
Depending on what specifically was said/done, you may have a viable sexual discrimination case. If he just intimidates you, without sexual overtones which would make a reasonable person feel as if forced to work in a hostile environment, then you probably will not have a viable basis to file suit. Being a jerk is not against the law.
Sexual harassment cases have extremely short statute of limitations. Before filing a lawsuit formal complaints will have to filed with the E.E.O.C. and the Florida Commission on Human Relations. Both are on the web.
You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee. At no charge, I would be happy to meet with you.
Good Luck.-Elliot Goldstein (offices in Tampa & St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.
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