If I’m being bullied verbally and physically by another employee and the company will not do anything to stop this, what can I do?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m being bullied verbally and physically by another employee and the company will not do anything to stop this, what can I do?

This person just started to bully me verbally and he has shoved me at times. I do not even look in this persons direction. He has even told the supervisor that he wants to duct tape me to a chair. Sounds funny but true. I am just tired of it. Been going on for a year now. Company will do nothing. I am afraid of this person.

Asked on February 13, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, you cannot force your company to stop the other employee from bullying you--the law does not specifically make it an employer's responsibility to proactively stop this harassment.

However, the company *should* take action, since if the company is aware of the situation (which it appears to be, from what you write), if you are injured, defamed, or suffer from other compensible damage due to this person's actions, the company could be sued and held liable. They would liable under the theory of "negligent supervision," or an unreasonable failure to take action when they were aware of the problem.

So you cannot prospectively force them to act--but you can, if necessary, retrospectively hold them accountable, so long as they were aware of the situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption