What are ny rights if I feel unsafe at work?

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What are ny rights if I feel unsafe at work?

I was assaulted at work and the person admitted to doing it. We have a zero tolerance policy in place for workplace violence yet the employee is still there. Is there anything I can do? I do not feel safe at work, I cannot think straight without my back against the wall, and my HR department basically told me that because I didn’t express my feelings that I didn’t want to be assaulted, that I have no case.

Asked on August 6, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot force your employer to fire, transfer, etc. your attacker. However, if you are attacked again by this person, your employer would most likely be liable for  your injuries, medical costs, etc. under the theory of "negligent supervison"--having knowledge that this person is a threat to you, they negligently failed to take action to protect you. At your discretion, you could let your company know that you will hold them responsible for any future attacks.

You also could report the assault to police--it is a crime. And you could sue the attacker personally for any injuries, medical costs, etc.


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