strange question about harasment

This is a discussion on strange question about harasment within the Employment and Labor Law Questions forums, part of the Legal Questions & Answers Forum category; First off I have never been diagnosed with this condition. I have a allergic reaction to the smell of raspberry, throbbing headache, sick to the stomach in bad cases projectile ...

Results 1 to 5 of 5
  1. #1
    Junior Member
    Points: 6, Level: 1
    Level completed: 11%, Points required for next Level: 44
    Overall activity: 0%

    strange question about harasment

    First off I have never been diagnosed with this condition. I have a allergic reaction to the smell of raspberry, throbbing headache, sick to the stomach in bad cases projectile vomiting and I have even passed out from it before. I asked the doctor once and he told me to stay away from them. That being said my boss and one of my co workers thinks its funny and have been spraying it around my work. What rights do I have? If I go to a higher up boss and get fired do I have a case to sue?


  2. #2
    Administrator
    Points: 110,886, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 93.0%
    Achievements:
    Created Blog entryOverdriveTagger First Class50000 Experience PointsVeteran

    Right now you may have a civil cause of action for assault and battery, and maybe even a criminal case. However if you do get fired for complaining, you may not have any cause of action for wrongful termination, but you would still have the cause of action for assault/battery. This however is assuming that your co-workers are aware of this condition that you have.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  3. #3
    Junior Member
    Points: 6, Level: 1
    Level completed: 11%, Points required for next Level: 44
    Overall activity: 0%

    Yes the boss was told and all employees were told. So that being the case isn't there cause for unsafe work environment? Especially since the boss knew about the problem.

  4. #4
    Administrator
    Points: 110,886, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 93.0%
    Achievements:
    Created Blog entryOverdriveTagger First Class50000 Experience PointsVeteran

    What exactly are you trying to do? Do you want to press criminal charges? Do you want to sue them civilly?
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  5. #5
    Member
    Points: 357, Level: 7
    Level completed: 14%, Points required for next Level: 43
    Overall activity: 11.0%
    Achievements:
    250 Experience Points3 months registered

    Immediately, you may want to write HR to enlist the department’s help in accommodating your condition by, inter alia, directing your sophomoric coworkers to stop infusing the work environment with raspberries. For practical and legal reasons, you want to document the fact you have asked for accommodation in order for you to be able to work in this environment.

    If HR or upper management fails to help, you may want to consult with the EEOC or a FEPA and/or a local attorney to pursue a denial of disability accommodation claim. Additionally, if the company fires you after you have made a formal request for accommodation, then you may have grounds for a lawsuit.


 

Similar Threads

  1. uneployment question
    By scott_thane in forum Employment and Labor Law Questions
    Replies: 1
    Last Post: 01-18-2012, 12:53 AM
  2. A Question to Those of You Still Using Google+: Why?
    By Legal Help in forum Legal Blog Watch
    Replies: 0
    Last Post: 01-12-2012, 03:10 AM
  3. I've already asked a question
    By lorisam007 in forum Wills, Trusts and Estates Questions
    Replies: 1
    Last Post: 01-08-2012, 08:57 PM
  4. Custody Question
    By chasevans in forum Family Law Questions
    Replies: 1
    Last Post: 12-28-2011, 09:52 PM
  5. Tax Question
    By smartie in forum Government and Administrative Law Questions
    Replies: 1
    Last Post: 07-29-2011, 01:28 AM