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  1. #1
    Sadie1025 is offline Junior Member
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    Attacked at Work, What are my rights?

    What is the name of your state (only U.S. law)? Maryland

    I was attacked at work by an employee who was engraged after being repremanded for coming to work late (not by me). He charged towards me, screaming and kicked an object at me. I was 6 weeks pregnant and very afraid. Long story short -- HR could not find evidence an attack happened (no visual witnesses, just audible) and reinstated employee but moved him to another office 20 feet away. They said this is enough to make me feel safe. Even though we would share the same office space for mail, copier, fax etc.

    He has a rap sheet a mile long, including outside work drug and alcohol arrests. At work, he acts like a drug addict -- not showing up, screaming, falling asleep etc. and HR has not been documenting b/c his boss is lazy. I'm very fearful to return to work with him there, and to make matters worse he made several false claims against me, including that I insulted his dead mother provoking the attack (not true). i've already been hospitalized with my pregnancy once since this attack and my doctor said I need to avoid stress. however, I'm very afraid and feel failed by our HR system, which has been preaching for 9 years that I've been with this company that such behavior will never be tolerated.

    Also, because of his claims, they reprimanded me for taking photos of him on my blackberry sleeping on the job saying I "misused company property" . Retaliation against an employee making a claim is against company policy, so I don't understand how now I'm in trouble. I crazed employee with criminal/drug record attacks a pregnant woman and they do basically NOTHING.

    I have many examples of how the managers did not handle this properly, and even mocked me when I reported it. The attacker also sent me an apology text the evening of the incident, but HR still cannot explain to me why they don't have sufficient evidence to fire him, or take this as an admission of guilt.

    I work for a VERY LARGE company (over 100,000 employees worldwide, so you figure out who it is!), REPUTABLE company and this is NOT how you would believe they operate. They are known as a family company, reputation for taking care of their employees. think -- movies and theme parks people!!

    At this point, my husband wants me to quit to protect the health of our baby, but I think I have more rights than this. I want to challenge the HR decision, and or seek legal advice on my rights to sue for work place harassment, for being endangered on the job and god forbid my prengancy suffers what are my rights with workers comp?
  2. #2
    Isis1 is offline Senior Member
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    you know, if a child was at risk, i'd quit.

    i wouldn't still walk into a harmful enviorment WITH a child and put them at risk.

    everyday you go BACK to your job, in the same building, says you are not THAT frightened.
  3. #3
    Sadie1025 is offline Junior Member
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    I have not returned to the office since I found out this employee was reinstated 2 days ago. I have 5 weeks vacation and 8 days of sick to burn while I try to figure this out.

    Again, I really believe this a company where if I found the right Human Resource people (not the current lugs I've dealt with at the bottom of the barrel here) but go up the chain I will find someone who agrees this is totally unaccepable. My company does not want the black eye of being sued by a pregnant woman who was attacked, and have the world know they did nothing. Trust me on this.

    Are there any lawyers who respond on this site, or just regular people with opinions? Just curious?
  4. #4
    xylene is offline Senior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    everyday you go BACK to your job, in the same building, says you are not THAT frightened.
    Or it says that everyday she still desperately needs her job.

    Poster - Enough with the John Stossel BS.

    You need to get a lawyer to protect your rights.

    You also need to drop this Private Eye Spy crap. Your job right is to secure your safe workspace. Him being asleep on the job is NOT your problem - and taking his picture - that was right to reprimand you.
  5. #5
    xylene is offline Senior Member
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    Quote Originally Posted by Sadie1025 View Post
    I have not returned to the office since I found out this employee was reinstated 2 days ago. I have 5 weeks vacation and 8 days of sick to burn while I try to figure this out.

    Again, I really believe this a company where if I found the right Human Resource people (not the current lugs I've dealt with at the bottom of the barrel here) but go up the chain I will find someone who agrees this is totally unaccepable. My company does not want the black eye of being sued by a pregnant woman who was attacked, and have the world know they did nothing. Trust me on this.

    Are there any lawyers who respond on this site, or just regular people with opinions? Just curious?
    This is a consumer advice forum.

    Lawyers - no reputable onse anyway - solicit business directly.

    There are links to find a lawyer here however.
  6. #6
    Beth3 is offline Senior Member
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    I want to challenge the HR decision You can go over their head but legally, the employer has no obligation to deal with this employee or his behavior.

    and or seek legal advice on my rights to sue for work place harassment Having a crazy co-worker does not constitute workplace harassment (that has to do with discrimination based on sex, religion, race, etc.)

    for being endangered on the job and god forbid my prengancy suffers what are my rights with workers comp? You have the right to file a claim with your employer's WC carrier but I imagine that you'd have a very tough time medically establishing that any problems with your pregnancy are caused by work and only work.

    While it's hard to imagine why your employer hasn't gotten rid of this good-for-nothing employee, they aren't legally required to.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)

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