Legal Question in Employment Law in Massachusetts
harrassment?
I have a co-worker that asks others in the office where I am when I leave the building, asks them what service I had performed, ie. MRI or what, asks them what the outcome of the appointment is. She tells other co-workers how I am going to use my vacation time and says ''we'll see about that'', goes to the boss and complains it isn't right how I plan to use my vacation and he makes me change it. She lies about things that happen, she somehow becomes the victim, she snoops on my desk, in my computer, checks up on me with co-workes, however she is not the boss or office manager. She listens to phone conversations, she hides in corriders and listens to conversations, she reads e-mails and faxes that do not have her name on them. She confronts me with ridiculous accusations, ie. she told me to send an e-mail with an attachment. It was the wrong attachment and she blamed me. I did exactly as she told me to! She told everyone that I made a big mistake that cost thousands of dollars! Not true. These are only a few of the things that she does. How do I handle this person? I talked to the boss and he says he doesn't see her do these things or hears these things about her. I guess he covers for her. Is this harrassment, bullying or what?
4 Answers from Attorneys
Re: harrassment?
Fri. Apr. 25, 2008
This information is to be relied upon by you solely to decide to contact an employment attorney to immediately review your case and without delay. Your question presents several complex legal and factual issues. Whether the acts of this co-worker will support filing a lawsuit is in question.
You should carefully assess you work situation and finances. How badly do you need this job? Can you afford to bring a lawsuit? Are there witnesses to support you in any meaningful way, not being afraid to testify on your behalf? Are you a member of a collective bargaining unit or represented by a labor union? Sad to say, some local unions actually act to protect wrongdoing by their members at the expense of other members who may be whistle-blowing on co-worker bad acts. State and federal laws do give some protection to whistleblowers. Are you willing lose if you do not prove your case? What about a counter-claim against you from the alleged harasser? You also have to pay your lawyers either way unless the case is a contingent one. I personally do no contingent fee cases; i.e. clients must pay my fees with an initial retainer and then throughout the case's duration.
Evidence of a high enough quality and quantity to be admitted in a court of law to actually support your claims is always required and this itself does not guarantee a win, the litigation process is unpredictable.
The need for witnesses to corroborate your situation is essential. Without them it is your word against the allegedly offending co-worker, and likely the "boss" who from your description does not seem very supportive.
There are other significant unanswered questions that an attorney needs to ask about the case before any good advice can actually be given. At your legal consultations you will need to give very detailed, verifiable information. You are strongly urged to not try any "do-it-yourself" lawyering.
Additionally, Statutes of Limitations (SOLs)laws govern when and for how long a person can bring a lawsuit. Your employee status can also affect certain time limits, jurisdiction and processes.
Some cases involve discrimination whether race, age, gender, handicap, religion, national origin, sexual preference, etc. A "charge" of discrimination must be made "absolutely" within six (6) months of the first discrimination; major court decisions have narrowed or eliminated when charges can be brought after six months. Be cautious about contacting anyone at work or discussing these matters before consulting an attorney. If there are trusted persons who can be witnesses, now is the time to confidentially "enlist" them. Lastly, many cases turn out unpredictably. This is why negotiations,mediation or settlement often work. But be careful not to miss your statute of limitations! Legal counsel may be able to help you with this difficult problem.
Respectfully, Attorney Tom Abdow
Re: harrassment?
Fri. Apr. 25, 2008
This information is to be relied upon by you solely to decide to contact an employment attorney to immediately review your case and without delay. Your question presents several complex legal and factual issues. Whether the acts of this co-worker will support filing a lawsuit is in question.
You should carefully assess you work situation and finances. How badly do you need this job? Can you afford to bring a lawsuit? Are there witnesses to support you in any meaningful way, not being afraid to testify on your behalf? Are you a member of a collective bargaining unit or represented by a labor union? Sad to say, some local unions actually act to protect wrongdoing by their members at the expense of other members who may be whistle-blowing on co-worker bad acts. State and federal laws do give some protection to whistleblowers. Are you willing lose if you do not prove your case? What about a counter-claim against you from the alleged harasser? You also have to pay your lawyers either way unless the case is a contingent one. I personally do no contingent fee cases; i.e. clients must pay my fees with an initial retainer and then throughout the case's duration.
Evidence of a high enough quality and quantity to be admitted in a court of law to actually support your claims is always required and this itself does not guarantee a win, the litigation process is unpredictable.
The need for witnesses to corroborate your situation is essential. Without them it is your word against the allegedly offending co-worker, and likely the "boss" who from your description does not seem very supportive.
There are other significant unanswered questions that an attorney needs to ask about the case before any good advice can actually be given. At your legal consultations you will need to give very detailed, verifiable information. You are strongly urged to not try any "do-it-yourself" lawyering.
Additionally, Statutes of Limitations (SOLs)laws govern when and for how long a person can bring a lawsuit. Your employee status can also affect certain time limits, jurisdiction and processes.
Some cases involve discrimination whether race, age, gender, handicap, religion, national origin, sexual preference, etc. A "charge" of discrimination must be made "absolutely" within six (6) months of the first discrimination; major court decisions have narrowed or eliminated when charges can be brought after six months. Be cautious about contacting anyone at work or discussing these matters before consulting an attorney. If there are trusted persons who can be witnesses, now is the time to confidentially "enlist" them. Lastly, many cases turn out unpredictably. This is why negotiations,mediation or settlement often work. But be careful not to miss your statute of limitations! Legal counsel may be able to help you with this difficult problem.
Respectfully, Attorney Tom Abdow
Re: harrassment?
Fri. Apr. 25, 2008
This information is to be relied upon by you solely to decide to contact an employment attorney to immediately review your case and without delay. Your question presents several complex legal and factual issues. Whether the acts of this co-worker will support filing a lawsuit is in question.
You should carefully assess you work situation and finances. How badly do you need this job? Can you afford to bring a lawsuit? Are there witnesses to support you in any meaningful way, not being afraid to testify on your behalf? Are you a member of a collective bargaining unit or represented by a labor union? Sad to say, some local unions actually act to protect wrongdoing by their members at the expense of other members who may be whistle-blowing on co-worker bad acts. State and federal laws do give some protection to whistleblowers. Are you willing lose if you do not prove your case? What about a counter-claim against you from the alleged harasser? You also have to pay your lawyers either way unless the case is a contingent one. I personally do no contingent fee cases; i.e. clients must pay my fees with an initial retainer and then throughout the case's duration.
Evidence of a high enough quality and quantity to be admitted in a court of law to actually support your claims is always required and this itself does not guarantee a win, the litigation process is unpredictable.
The need for witnesses to corroborate your situation is essential. Without them it is your word against the allegedly offending co-worker, and likely the "boss" who from your description does not seem very supportive.
There are other significant unanswered questions that an attorney needs to ask about the case before any good advice can actually be given. At your legal consultations you will need to give very detailed, verifiable information. You are strongly urged to not try any "do-it-yourself" lawyering.
Additionally, Statutes of Limitations (SOLs)laws govern when and for how long a person can bring a lawsuit. Your employee status can also affect certain time limits, jurisdiction and processes.
Some cases involve discrimination whether race, age, gender, handicap, religion, national origin, sexual preference, etc. A "charge" of discrimination must be made "absolutely" within six (6) months of the first discrimination; major court decisions have narrowed or eliminated when charges can be brought after six months. Be cautious about contacting anyone at work or discussing these matters before consulting an attorney. If there are trusted persons who can be witnesses, now is the time to confidentially "enlist" them. Lastly, many cases turn out unpredictably. This is why negotiations,mediation or settlement often work. But be careful not to miss your statute of limitations! Legal counsel may be able to help you with this difficult problem.
Respectfully, Attorney Tom Abdow
Re: harrassment?
I apologize that the answer was posted three times. It must have been an internet transfer error.
Atty. Abdow
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