QUESTION
can i sue a company for a because a co-worker threatened and bullied me,and has a history of bulling
Asked on Jun 29th, 2018 on Labor and Employment - New York
More details to this question:
I am a waitress at a holiday inn ,on june 14 my fellow coworker threw money at me and bullied me in front of a customer,I became upset and left the restaurant ,At this time there was no manager to address the coworker and I left the premises because I was so distraught. I then texted my manager telling her I left at 6:40 am telling her what happened and that I would be back at 4:30 for another shift I was scheduled to work ,but she did not get back to me till 10:30 and said I was fired because I left the premises
1 ANSWER
Bullying in the workplace is not illegal.
If you feared for your safety you could have called the police. In New York, depending on whether you reasonably feared for your safety, you may have been entitled to an order of protection.
You should have reported your safety fears to the employer if that's what happened.
Your employer may rehire you. To get unemployment benefits you will have to prove that leaving was not your fault. Given your facts that's possible. Constructive discharge, meaning you were forced to quit or leave, is difficult to prove. You must prove that you did not abandon your job and that is possible if you are completely candid about exactly what happened. If you are denied unemployment benefits it will be even harder to prove there was no abandonment or there was constructive discharge. Good luck.
Answered on Jun 30th, 2018 at 6:11 AM