There is a customer who shops where I work. On 1 occassion, he grabbed my shirt to look at the tattoo on my back, he has mimicked squeezing my breasts and grabbing my buttocks. Management “talked” to him, but didn’t ban him from shopping there. Now, he doesn’t say anything to me, just paces in front of my register, points me out to his friends, and on 2 occassions, I believe his vehicle has followed me through the parking lot. My bosses now say he isn’t doing anything wrong, but I think he’s violating KS harassment and stalking laws. After the regional HR director told me the customer would be banned, my local HR has told me they’ll get multiple statements from co-workers stating my behavior at work suggests “I asked for it.” My question…what legal recourse do I have, if any…and can I establish a hostile work environment?
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I Need Legal Advice After Being Grabbed And Harassed By A Customer?9 comments to I Need Legal Advice After Being Grabbed And Harassed By A Customer? |
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Talk to an employment law attorney ASAP. It is egregious that your employer says “you asked for it.” Does a woman “ask” to be raped? And I’d go up the chain of command until someone listens and does ban the customer, as well as talk to an attorney about what rights and recourse you have against your employer.
Also, go to the police station and file a report. Tell them you believe you are being stalked and you want to file a police report to document what has happened thus far. Do not leave until they file a report and give you a case number. Then every single time you see him or his vehicle, take pictures (whether or not your employer “lets” you take them in the store), and file another report for each incident.
nothing you could have said or done would say “you asked for it” unless of course you said “i want you to grab my shirt, mimic squeezing my breasts and buttocks” and since you did not say that he was so very wrong. i would immediately get an attorney and sue him for sexual harrasment. if you have proof that he is stalking you (take a picture if you see him anywhere near you when he shouldn’t be or keep a log) also file a suit against your employer for making you work in a hostile envirnment. you asked for their help against someone who is harrassing you and did not get it. if you stay with your job,get a restraining order against him. that will keep him from entering your place of employment.
you don’t have to take that crap from anyone. a clear case of the customer is not always right. good luck
Tough one, this
You do have a right to sue.
Talk to the police and a good lawyer. You definitely have a case!
Get the date of the incident and go down to the police department and insist that a report be put on file. They have to take a report if the victim insists on it. I would also be sure and have them put on there, too, that you have seen him follow you from the parking lot so it’s on file that he is stalking you. Then I’d find another job and get away from there as fast as I could and not let anyone there know where I went.
Watch your back anytime you are out, especially by yourself, and document things in a small notebook as they happen. If you think he is following you, drive to the police department and go inside and do your best to get his license plate number and make another report and turn that information in to them for the new report.
I think your employer stinks big time.
If you can prove he is stalking you maybe a restraining order issued by the court,but only as a last resort.
The next time that customer bothers you, write down the time then ask the HR staff to review the store’s surveillance video for that time. This will prove what is happening is unprovoked. Your attorney could also subpoena the footage if the store fails to act.
Against your employer you have a possible sexual harrassment suit. Even though the customer is not employed by the company, he is still allowed access to the premises even though you have complained about him. As far as the customer goes, he is definitely harassing you and when he grabbed your shirt he committed the tort of battery. However I doubt you want to sue him. Criminal law is very state specific, but his actions might constitute a criminal act under your state’s anti-stalking laws. If it is a problem you may have to talk to the police. You should definitely talk to a lawyer about your employer. And btw if the company tries to take action against you for speaking with an attorney, then that is another cause of action against them.
as simple as bringing around a digital camera taking pictures and letting him see you take it. whenever you see him doing something to you you think is threatening or harassing, even if you have a camera phone, you may also want to keep some mace or self defense item just to be safe. If you can get a good picture of him following you and the plate number you should have a legitimate case.