What are an employee’s rights regarding workplace harassment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are an employee’s rights regarding workplace harassment?
I was directed by a supervisor to a private room for a discussion related to an article I had posted at work. After the discussion became heated, I attempted to leave the room but my supervisor blocked the door and prevented me from leaving. I stated several times I wanted to leave and he used his hand and foot to keep the door closed. I finally was able to push past him and leave the room. I believe this can be considered workplace harassment, but I am not sure if a supervisor is allowed to do something like this while having a discussion about my action of posting an educational article.
Asked on June 23, 2015 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, a supervisor may never physically restrain or lock-in an employee; you can always leave if you want.
Of course, the supervisor could simply fire you if you try to leave during a discussion--unless you have a written employment contract protecting or guarantying your job and limiting why/how you could be fired, you are an employee at will and may be fired at any time, for any reason. So what your supervisor should have done is tell you that if you left, you'd be terminated.
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.