EX newly emplyed at my workplace

[_HappyDad_]

State-KY

The EX and I had a contentious divorce. Throughout such, she claimed to be scared of me. However, there has never been any police involvement or DV, at least not on my part. She made her whole case framing me as mentally unstable and dangerous. All of these were false allegations. Some of you might remember my thread from a a couple years ago titled "does a custody evaluaton expire"

SInce then, i decided to sell my house and move to her school district to avoid any more litigation over the school selection.

Recently, the EX applied for a job at my employer. There was a lot of political motivation behind the scenes by another party, but she did get the job. The person pulling the strings for her used to work with her at the previous place, and this person makes no bones that they are trying to stick it to the other emplyer by poaching employees. I happen to work with this central person on a regular basis.

So, based on the fact that she has made so many bogus claims about her fear of me, do I have any legal recourse in this matter? I have had this job since before the marriage. She is completely aware. The caveat is that I'm a contractor, so the employer HR does not apply to me (we are a smaller contracted team)

I was just going to keep trucking along, minding my own business, when someone had mentioned "right to peaceable living". i had never heard of this terminology.

 

[cbg]

Against whom are you envisioning the possibility of having legal recourse and what kind of legal recourse do you mean?

 

[Zigner]

I was just going to keep trucking along, minding my own business, when someone had mentioned "right to peaceable living". i had never heard of this terminology.

Don't worry - nobody has (in this context). "Someone" should do as you do and mind their own business.

 

[_HappyDad_]

Common sense tells me that she is able to seek employment anywhere she likes. That's how i was going to proceed. The only thing i thought about was to pre-emptively tell HR that I am concerned about a possible hostile work environment. However, I would have to wait until she starts working there first. The grapevine informed me of all of this, so there was no way to prevent her from getting hired.

The last thing i want is for her to start making the same allegations where i work.

Just today a former co-worker, who advised me during my divorce, told me about the "right to peaceable living". They had her own wild divorce, and they helped me in the same way this forum is helpful.

I'm not really sure what can be done, so I have no expectations. I'm just following this trail to see where it leads.

 

[Zigner]

Just today a former co-worker, who advised me during my divorce, told me about the "right to peaceable living".

SMH

 

[cbg]

The only "right to peaceful living" that I'm aware of related to real estate law and has nothing to do with your situation.

The term, hostile work environment, has a very specific meaning in employment law. Your ex working at the same place you, even if she gives you a hard time, doesn't meet the definition.

As a long time HR professional, I am here to tell you that any pro-active action you take has a very strong likelihood of making you look like the problem, and not her.

You're putting on your track shoes before you even know if there's a race. There will be plenty of time to address the problem when/if one presents itself.

 

[_HappyDad_]

Maybe "advise" was the wrong term. This person was very organized and logical. I thought it was worth looking into.

So, disregarding the quoted phrase, has anyone else experienced this?

 

[_HappyDad_]

I agree with you cbg. I talked to my supervisor and discussed how to navigate this. We all came to the same conclusion as you have relayed.

Plus, I cannot go to HR becaue i am not a corporate employee, anyways.

 

[cbg]

I can tell you for absolutely 100% certain - there is no "right to peaceable living" or anything even remotely like that, in employment law.

 

[Taxing Matters]

The only thing i thought about was to pre-emptively tell HR that I am concerned about a possible hostile work environment.

I suggest you not do that. The term "hostile work environment" means that you are being harassed because of some legally protected characteristic. Under federal law, that means that the harassment would have be related to your race, color, national origin, citizenship, religion, sex, age (if you are at least age 40) disability, or genetic test information. Being harassed by an ex-spouse because of a personal dislike for you due to how your marriage ended would not meet the definition of a hostile work environment. And going to HR right as soon as she starts work to say you think there will be a problem is not going to be a good look for you — it'll look like you are trying to poison her start with the company. The company won't look on that favorably. Wait until a problem actually arises then document and report that problem as appropriate.

Just today a former co-worker, who advised me during my divorce, told me about the "right to peaceable living".

There is no such right. There is a right known as "quiet enjoyment" which may be what your friend had in mind, but that right has nothing to do with employment law. It is a right related to real estate/landlord tenant law.

 

[_HappyDad_]

I agree, i was only able to find that terminology under real estate law.

I also agree that it could backfire to go to HR pre-emtively, so i have not done such.

I have discussed this matter with only a few key persons at work, and i am satisfied that my track record would not support any false allegations against me.

As always, i greatly appreciate all of the feedback. It's amazing how "free"Advice is so invaluable.

 

[zddoodah]

So, based on the fact that she has made so many bogus claims about her fear of me, do I have any legal recourse in this matter?

Legal recourse for what? If one of you has a restraining order against the other (which I assume you'd have mentioned if it were true), then you should let the employer know about that immediately. Otherwise, your ex getting a job with your employer really has nothing to do with you. Your ex had no duty not to seek employment where you work, and your employer obviously had (and has) no obligation not to hire your ex (or, absent other facts, any other obligation in connection with hiring decisions).

The only thing i thought about was to pre-emptively tell HR that I am concerned about a possible hostile work environment.

I wouldn't use the term "hostile work environment," but you're free to talk with someone in HR about the prior relationship and the possibility that any lingering animosity could spill over into the workplace. Don't try to use legal terminology (especially terminology you don't understand). Just explain that you have some concerns -- and do it without unnecessarily bad-mouthing your ex. It won't come as a surprise to anyone that two ex's working together could become a problem.

 

[quincy]

I agree, i was only able to find that terminology under real estate law.

I also agree that it could backfire to go to HR pre-emtively, so i have not done such.

I have discussed this matter with only a few key persons at work, and i am satisfied that my track record would not support any false allegations against me.

As always, i greatly appreciate all of the feedback. It's amazing how "free"Advice is so invaluable.

Most employers do not like drama in the workplace. They want and expect their employees to come to work, do their work, and leave. By speaking to HR about your personal life, you are introducing drama. I recommend you don’t do that.

cbg offered you good advice.

 

[adjusterjack]

I have discussed this matter with only a few key persons at work,

Stop doing that or you might be branded the aggressor.

i am satisfied that my track record would not support any false allegations against me.

You also have a contract. I suggest you study it carefully for your contractual rights and obligations along with any termination requirements.