Legal Question in Personal Injury in New York

a coworker is saying I'm giving them prank phone calls which isn't true


Asked on 3/19/12, 7:50 am

2 Answer from Attorneys

Stuart DiMartini Law Offices of Stuart DiMartini

A co-employee is barred from bringing a civil claim for negligent acts of another co-employee. The recourse is workers' compensation. However, if the acts are intentional there is an exception to this rule. A claim for intentional infliction of emotional distress is viable for one year after the wrongful act. There may also be criminal ramifications which is outside my area. When someone is being wrongfully accused of a wrongful act, it is probably a good idea to keep documentation from all sources such as phone records etc... and to document the false allegations with a superior in writing. Before taking any action, it is also a good idea to consult with a criminal defense lawyer for their opinion.

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Answered on 3/19/12, 9:13 am


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