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I have been being harassed I think by a coworker, ever since i started working a yr ago in May i’m 19 yrs old & He is 24 yrs old. Started off and small compliments that turned weird, then he bought me flowers and I turned him down and ever since he’s been making my job miserable for me & my brother who now works there.
Mar 25, 2023
Employment Law
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

It sounds like a difficult situation. Here are potential claims you may have against your coworker or the business.  Potential Legal Claims Against the Coworker: Harassment: Your coworker's behavior may constitute harassment if it creates a hostile work environment. This could be the case if the conduct is unwelcome, offensive, and severe or pervasive enough to interfere with your work performance or create an intimidating, hostile, or abusive work environment. The conduct may be actionable if it is based on your sex, race, age, disability, or another protected characteristic under federal, state, or local law. Retaliation: If you turned down your coworker's advances and reported his behavior to your employer, and he began treating you or your brother worse as a result, this may be considered retaliation. Retaliation is illegal under federal, state, and local laws when it occurs in response to protected activity, such as reporting harassment or discrimination. Potential Legal Claims Against the Business: Vicarious Liability: Employers can be held liable for the actions of their employees if the harassment occurs within the scope of employment. If your coworker's harassment is based on a protected characteristic, and your employer knew or should have known about the harassment but failed to take appropriate corrective action, the business may be held responsible for the harassment. Negligent Hiring, Retention, or Supervision: If the business knew or should have known that the coworker had a propensity to engage in harassing behavior but failed to take appropriate action, the business could potentially be held liable for negligent hiring, retention, or supervision. Failure to Prevent or Remedy Harassment: Employers have a duty to maintain a workplace free from harassment and discrimination. If the business failed to take reasonable steps to prevent harassment from occurring or failed to promptly and effectively address and remedy the harassment once it became aware of the situation, the business could potentially be held liable. It is crucial to document all instances of harassment and any steps you have taken to report the behavior to your employer. Also, consider speaking with an attorney who specializes in employment law.   If you would like to speak with our employment law attorneys, please contact us at (303) 688-0944 or robinsonandhenry.com/locations to start a free case assessment. 

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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