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HR miss management of sexual assault and harassment.

Discussion in 'Human Resources' started by K.E.H, Jan 17, 2019.

  1. K.E.H

    K.E.H Law Topic Starter New Member

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    A little over a year ago I was sexually assaulted by a co-worker outside of work, I let my manager and my human resources manager know when I return to work what had happened, I was put into contact with my human resources manager who told me that because I have an outside of work hours they had no recourse to take against the employee. I made a statement with HR anyway and was told that it would be filed in my file and with the corporate HR office, in the event that anything else were to happen. November of this year the same employee assaulted another co-worker's wife. My name was brought up in a statement that was made and when they went to go look up the incident because I had given a statement to my HR Manager the statement was not in my file or any other file. It was never filed or submitted to the corporate HR office. Recently we had to resign our policy against sexual harassment and discrimination, while reading said policy I found that it stated in the policy itself that sexual harassment or misconduct would not be tolerated in or outside of the workplace. What I'm wondering at this point is what is my legal recourse, and if I have any at all.
     
  2. hrforme

    hrforme Active Member

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    did you involve the local police? Did you file a restraining order?

    If anything, your coworker's wife has more of a case for employer negligence than you would and I am not sure how she would if it also happened outside of work. Where did it happen? Why were she and this person together in the same place....Did she call the police?

    The fact that your statement was not in your file isn't going to rise to a huge level of liability or give you legal recourse generally. In the end, this is a criminal police matter rather than an employer matter unless this happened to either of you AT work or a work event.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Frankly, I don't think you have any recourse against your employer since it happened away from work.

    However, you are welcome to get a lawyer and sue the person that assaulted you and you are welcome to report the assault to the police and make sure they are aware of the second assault by the person.

    What good any of that will do you is anybody's guess.

    You should have gotten the police involved day one.
     
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  4. ElleMD

    ElleMD Well-Known Member

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    Unless this happened at an off site work event or while on a business trip your employer isn't liable. Employers aren't responsible for what their employees do off work hours and in their personal lives.

    The statement might have been removed as it has nothing at all to do with your employment. It is strictly a civil and possibly criminal matter. There is no reason your employer should need those details about you.

    The statement about off work doesn't obligate them to act on every improper thing an employee might do on their own time. Typically the organization will only act if the off duty conduct had some material affect on the business.

    Hopefully you reported this to the police and or have gotten counseling.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    Did you report this to the police? If not, why not? If so, what happened as a result?

    I assume you mean November 2018, which was last year, not this year. In any event, did the victim of this alleged crime report what happened to the police?

    Brought up by whom? Statement made by whom to whom? Who are "they"?

    You can sue the person who allegedly assaulted you. Nothing in your post suggests you have any legal recourse against your employer. Your employer did not assault you, and the apparent failure to save your statement in your personnel file caused no harm to you.
     

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