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#1 NYmargie

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Posted 09 January 2013 - 01:06 PM

i have a pending litigation with a co-worker. Not that i have prove to you or anyone of my innocense on why I have a order of protection from him at the job site, but I had stated to my employer that I refuse to work there with this person having this hanging over my head. He can easily call the police on me if i even sneezed. I had made a suggestion that i be transferred out of that location to another office which they did not want to do. My employer stated that they needed me there. So i suggested why cant they move him to the other location so i can have peace and work at my present location. They said that their lawyer stated that this can no be done because of legal issue. So, I left the office for them to think about it and i got a call from my supervisor and he stated that I have to show up at same branch or else there would be disciplinary action. In other words, I would be fired. If i get fired for refusing to return to my branch office, due to hostile environment, would this be detrimental for me to receive unemployment? i mean i would not mind returning back to work if they relocate him and the others to simmer down on their harrassing approaches that i have been getting from them. This takes place in New York.

#2 Guest_FindLaw_Amir_*

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Posted 09 January 2013 - 01:13 PM

In other words, I would be fired. If i get fired for refusing to return to my branch office, due to hostile environment, would this be detrimental for me to receive unemployment?


You may wish to visit the Employment Law Center: Losing a Job and read Eligibility for Unemployment Compensation Benefits as a good resource to learn more about this subject matter.

#3 NYmargie

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Posted 09 January 2013 - 01:29 PM

i have a pending litigation with a co-worker. Not that i have prove to you or anyone of my innocense on why I have a order of protection from him at the job site, but I had stated to my employer that I refuse to work there with this person having this hanging over my head. He can easily call the police on me if i even sneezed. I had made a suggestion that i be transferred out of that location to another office which they did not want to do. My employer stated that they needed me there. So i suggested why cant they move him to the other location so i can have peace and work at my present location. They said that their lawyer stated that this can no be done because of legal issue. So, I left the office for them to think about it and i got a call from my supervisor and he stated that I have to show up at same branch or else there would be disciplinary action. In other words, I would be fired. If i get fired for refusing to return to my branch office, due to hostile environment, would this be detrimental for me to receive unemployment? i mean i would not mind returning back to work if they relocate him and the others to simmer down on their harrassing approaches that i have been getting from them. This takes place in New York.

Ok...so what are my rights as an employee, to litigate against them for wrongful negligence to do something about the situation. I mean they did not want to take under consideration that they can fire him or move him?

#4 NYmargie

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Posted 09 January 2013 - 01:30 PM

Ok...so what are my rights as an employee, to litigate against them for wrongful negligence to do something about the situation. I mean they did not want to take under consideration that they can fire him or move him?

I have reported the incident since day one. I have an attorney working against this individual and my employer now forcing me to work under those condition? there is no contract i can not see why they can not relocate them and have me under this hostile situation.

#5 pg1067

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Posted 09 January 2013 - 01:57 PM

i have a pending litigation with a co-worker. . . . I have a order of protection from him at the job site. . . .


My interpretation of this is that the court issued an order requiring you to stay away from him. If that's not correct, you'll need to clarify.


If i get fired for refusing to return to my branch office, due to hostile environment, would this be detrimental for me to receive unemployment?


It's going to be impossible for anyone other than an attorney who handles unemployment compensation matters in NY to speak intelligently about how the facts you mentioned might impact your eligibility for unemployment compensation.


Ok...so what are my rights as an employee, to litigate against them for wrongful negligence to do something about the situation. I mean they did not want to take under consideration that they can fire him or move him?


"Wrongful negligence"? In any event, you have no claim against your employer. Your employer is in a difficult situation. A conflict exists between two employees who apparently worked together closely before the conflict arose. A court has now issued an order for Employee A to stay away from Employee B. On the assumption that the order effectively prevents you from legally continuing with the prior situation, then your options are to find new employment, ask your employer for some sort of accommodation, or risk violating the court's order. Obviously, it would be best for you if your employer made some accommodation, but your employer has no legal obligation to do so.


i can not see why [my employer] can not relocate them and have me under this hostile situation.


I'm sure your employer could do that if it wanted to do so. But just because it can do something doesn't mean it has a legal obligation to do so. While I know you don't want to get into the facts behind your dispute with your employer, I cannot help but think that your employer has looked into the dispute between you and the other employee and has concluded that you are in the wrong -- or at least that you're more in the wrong such that it doesn't want to bend over backward to accommodate you.

#6 NYmargie

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Posted 09 January 2013 - 02:36 PM

My interpretation of this is that the court issued an order requiring you to stay away from him. If that's not correct, you'll need to clarify.




It's going to be impossible for anyone other than an attorney who handles unemployment compensation matters in NY to speak intelligently about how the facts you mentioned might impact your eligibility for unemployment compensation.




"Wrongful negligence"? In any event, you have no claim against your employer. Your employer is in a difficult situation. A conflict exists between two employees who apparently worked together closely before the conflict arose. A court has now issued an order for Employee A to stay away from Employee B. On the assumption that the order effectively prevents you from legally continuing with the prior situation, then your options are to find new employment, ask your employer for some sort of accommodation, or risk violating the court's order. Obviously, it would be best for you if your employer made some accommodation, but your employer has no legal obligation to do so.




I'm sure your employer could do that if it wanted to do so. But just because it can do something doesn't mean it has a legal obligation to do so. While I know you don't want to get into the facts behind your dispute with your employer, I cannot help but think that your employer has looked into the dispute between you and the other employee and has concluded that you are in the wrong -- or at least that you're more in the wrong such that it doesn't want to bend over backward to accommodate you.

My interpretation of this is that the court issued an order requiring you to stay away from him. If that's not correct, you'll need to clarify.




It's going to be impossible for anyone other than an attorney who handles unemployment compensation matters in NY to speak intelligently about how the facts you mentioned might impact your eligibility for unemployment compensation.




"Wrongful negligence"? In any event, you have no claim against your employer. Your employer is in a difficult situation. A conflict exists between two employees who apparently worked together closely before the conflict arose. A court has now issued an order for Employee A to stay away from Employee B. On the assumption that the order effectively prevents you from legally continuing with the prior situation, then your options are to find new employment, ask your employer for some sort of accommodation, or risk violating the court's order. Obviously, it would be best for you if your employer made some accommodation, but your employer has no legal obligation to do so.




I'm sure your employer could do that if it wanted to do so. But just because it can do something doesn't mean it has a legal obligation to do so. While I know you don't want to get into the facts behind your dispute with your employer, I cannot help but think that your employer has looked into the dispute between you and the other employee and has concluded that you are in the wrong -- or at least that you're more in the wrong such that it doesn't want to bend over backward to accommodate you.


After the judge heard my testimony she lifted the restrictions about interactions with my co-worker. I am legally allowed to work at the same location with him but with minimal contact. But after seeing how my coworker has easily lied several times over i am afraid to be within walking distance of this man. I explained the situation to my direct supervisor he mad it clear that "he doesnt have any problem with me working from the other location but becasue one of the woman who does what i do is leaving on vacation that he needs me there for two weeks" and thereafter that "we can work something out". Also that he will be out the office several days during that time, leaving me there in that department by myself. I shared my concerns about the situation and it fell on deaf ears. This is not the first time they had done this.

#7 pg1067

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Posted 09 January 2013 - 04:26 PM

After the judge heard my testimony she lifted the restrictions about interactions with my co-worker. I am legally allowed to work at the same location with him but with minimal contact.


So...the judge didn't completely lift the restrictions if you are only permitted "minimal contact." Correct?

In any event, it sounds like your supervisor is willing to accommodate your issue, but perhaps not to the full extent you would like. As between you and your employer, there's no legal issue, and all you can do is try to make the best of the situation.




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