The Noble Law provides forward-thinking employment law counsel to clients in both North Carolina and New York City. If you have experienced workplace assault, our employment law firm is here for you. You are legally entitled to a safe work environment, and our employment lawyers can offer legal advice and representation to protect your rights and your livelihood. Abusive behavior on the job can cause physical, financial, interpersonal, and emotional harm, but a workplace assault lawyer can help you hold those responsible to account. Contact us today in New York City or North Carolina.
If you were sexually assaulted at work, we can help you seek redress from your attacker(s) and your employer. Federal courts have held that even a single incident of sexual assault committed by a manager or supervisor can create a hostile work environment that is actionable under Title VII. In addition, you may have a State cause of action for Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, or False Imprisonment.
At The Noble Law, we hear you and can assist you in understanding your legal rights and actions to move toward closure.
What Is Workplace Violence?
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening behavior that occurs at a worksite, and it can affect and involve employees, clients, customers. Off-site harassment or assault can also be classified as workplace violence if it is linked to the job.
If you have experienced workplace violence, you are not alone. Many workers report having been victims of workplace violence but, unfortunately, many more cases go unreported. Our employment law firm works tirelessly to protect employees from workplace violence. If you are ready to report, contact our firm to speak with a workplace harassment lawyer.
Risk of Workplace Assault
Anyone can experience assault in the workplace, but some factors increase the risk of violence. These factors include exchanging money with the public, working where alcohol is served, working with volatile people, and working late at night.
Higher-risk occupations include delivery drivers, healthcare professionals, public service workers, customer service agents, law enforcement personnel, and those who work alone or in small groups. Employers have a duty to protect individuals in any workplace, but when the risk is increased, an employer must implement measures to reduce the threat and protect employees, clients, and others who may enter the workplace.
Sexual assault in the workplace
If you were sexually assaulted at work, we can help you seek redress from your attacker(s) and your employer. Federal courts have held that even a single incident of sexual assault committed by a manager or supervisor can create a hostile work environment that is actionable under Title VII. In addition, you may have a State cause of action for Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, assault, battery, negligent hiring and/or retention, or False Imprisonment.
Speaking with a lawyer as soon as possible is important. As the target of sexual assault, you may be required by law or company policy to take certain steps to preserve your rights. A knowledgeable employment lawyer will determine how you should document and act on abuse complaints. At The Noble Law, we hear you and can assist you in understanding your legal rights and actions to move toward closure.
Responsibility of Employers for Workplace Assaults
Your company should have a defined sexual assault and harassment protocol in place, and if they do not, you can suggest that they develop one to protect their employees. Know that whether or not there is a system in place, your employer has an ethical and legal responsibility to keep their employees safe, including safety from workplace assault.
Of course, an employer’s responsibility does not end with adopting a policy. It must also enforce the policy. Employees also need to take care in hiring the right employees; failing to vet new hires properly can expose the workforce, customers, and others to harm. After hiring, the employer must then train and supervise employees and take action when they present a risk of physical or sexual harassment in the workplace.
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment and workplace assault, and your employer is legally required to take action. Taking action can include an investigation and/or termination. If you report sexual abuse or harassment, you are protected from employer retaliation. Know, though, that reporting workplace violence to your employer does not constitute making a legal claim, and if you wish to do so, contact an employment lawyer to learn how.
What Can I Do If I Am Concerned?
If you are noticing warning signs of a potentially violent or troubled person, you can take action. Ask your employer if there is a violence prevention program in your workplace, and if there isn’t, suggest that one be developed. You can report your concerns to your supervisor or HR department. If your workplace has an employee assistance program (EAP) you can also get advice on how to handle the situation.
If you experience harassment or violence, there are steps you can take to protect your rights:
- Do not ignore it.
- Document your experience, but do not keep your notes on company-owned equipment.
- Review your employee manual to know what the company requires when it comes to reporting incidents.
- Keep records of any incidents that you report to your employer, as well as the employer’s response.
- Speak with a lawyer about the process you need to follow and about whether your employer is following the law.
- Be aware of signs of retaliation.
Speaking with a lawyer sooner rather than later can help you understand your situation. It does not mean that you need to sue; there may be ways to work with the employer to end the abusive behavior. An experienced lawyer can also help you gather evidence, file an administrative charge, or negotiate a severance package if you do not feel comfortable remaining in the job.
How The Noble Law Can Help
We offer legal advice and representation in workplace assault cases to help you restore your dignity, defend your compensation, and help you move towards closure. If you need legal counsel, whether for workplace assault or another employment law issue, contact our employment law firm in North Carolina or New York City today.