Legal Question in Criminal Law in New York
Employer liability in violent harassment
I work near a hospital. On a deli run
2 weeks ago, a young woman who
works at the hospital ( she was in
scrubs) decided I was going 'the
wrong way' in the deli line, verbally
harassed me and tried to start a
fight.I walked away. Today I was
walking from work to the train when
she followed me, called me
names,and tried to push me down
the two flights of stairs that lead into
the train. She was not crazy just
very violent. I have filed a police
report for harassment, not assault,
since I didn't fall down the stairs and
was not hurt. The police I should be
careful and call 911 if she bothers me
again, but I am not happy about the
idea that a violent person may cross
my path at any time. My questions
are:1. I don't know who she is, but I
could identify her in a picture, and I
assume she was photographed for a
hospital ID to work there. Can I ask
the hospital's HR depart. to let me
see the photos so I could ID her and
then they could speak with her and
tell her she has a harassment charge
and should chill out? 2. What is the
legal liability of the hospital to me in
retaining or not reprimanding their
violent employee if I am not their
employee?
2 Answers from Attorneys
Re: Employer liability in violent harassment
As far as photos, you will NOT be allowed to see them and should allow the police to do their jobs. Assault does, or attempted Assault, does not require any level of specific injury and it seems as if such a charge may be brought in such a case. Contact the police and if not listened to contact the district attorneys office directly after securing a copy of the police report you filed, make sure you let the officers know you have every intent to move forward with this and to file a complaint.
Re: Employer liability in violent harassment
The employer has no liability to you. First, it didn't happen in the work place nor did it happen as part of the scope of her employment or while working for the benefit of her employer.
HR will not let you look at their employee pictures.
Did you tell the police you wanted to bring charges or just file a report?
She sounds very unstable and you prob would do the public good to have her off the street and especially away from patients.
How about trying the deli to see if they know her?
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