Legal Question in Employment Law in New York

I am a victm of domestic violence. my husband was violated by parole 12 months ago for physically assulting me and holding me against my will. He showed up to my house 3 weeks ago and started the same behaviors even keeping me from coming to work, i was written up for "unpaid time for not coming in or calling in to work. during the writen notice meeing when asked about my reason for not calling in i explained my history of domestic violence and told my management why i did not call. a few days later my husband showed up to my employmen and assulted me. i called the police and filed a police report. i advised my manamgement of he situation that took place and told themn i would be leaving to follow up with a statement with the police dept. They asked if i would be returning that day to work and i said i didnt know it depends on how long it would take.I was told ok just to return the following morning. Well that morning I woke up to my car tires being slashed, i called my employer to inform htem of the situation. i was told again not an issue i could reurn the next day for work after get my car fixed. One hour after i called my hr dept i receved a call back stateing for me not to reurn to work untill i could provide documentaion of a restraining order. Is this legal for my employer to tell me i am prohibited from reurning to work for these issues i am having even after i advised them he was arrested a week after the incident. don they still have a legal stand pint to refuse me access to my employment until i have a restraining order...?


Asked on 6/01/11, 8:59 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

An employer may be justified in their action with respect to situation as described in your questions; meaning, their is a violent person stalking you and he is a danger to you and to your co-workers. Hence, safety and security justifies your employers action. A restraining order will give them the ability to immediately call the police and to seek other legal remedies should he re-visit your employer. Go to your local District Attorney and begin the process of prosecution for domestic violence; otherwise, you may lose your employment . . . although you may qualify for unemployment should you produce evidence of steps taken against your husband (e.g. step taken to get a restraining order).

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Answered on 6/02/11, 3:05 am


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