My issue at work is: a colleague of mine did assault and threatening to me (for no obvious reason). No physical contact, but he came as close as 4" (10cm) away from my face leaning to me and kept yelling as loud as possible. His saliva was spilling over my face while he was yelling, and threatening. That caused me stress, fear and unsafe. I addressed the whole issue to the company authorities (President and General Manager) asking for help and protection. However, they issued verbal warning to the colleague, advising me if I am not happy with their decision, I can leave the company.

Now I wonder do I have any legal action against the company and the colleague? What should I do to protect myself while working for the company who doesn't care for my own safety.

I live in Canada, BC.
Thanks for your advise.

Can't totally vouch for Canada, but from an American point of view I think that, in a situation that you've described you'd have to wait and see if any further incidents with the coworker in question materialized. If they did and the company authorities did not take any further action then you'd definitely have a case. But if there've been no further incidents since you've spoken to the bosses and the coworker was warned then you don't have a case. So the real key is if the threatening behavior continues and the bosses don't respond adequately.

What did you do to illicit this type of reaction from a colleague ? If he didn't actually touch you. You weren't assaulted, as you say, so I don't see how you can repercuss.

As for the company, they took action by giving the other a warning. The fact they said if you weren't happy with their reaction, you could leave, is just that. I don't think you have any grounds to take subsidy action.

Tick

Hello R:

Spittle on your face is assault in the US. The question is, what are you going to DO about it. It's not going to do you any good to have him arrested. It's not worth it to sue him. If you cause any trouble over this incident, your employer said they'd fire you. Could you win a suit against them if they did? Probably not.

So, I'd avoid the guy and keep your head down.

excon

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Originally Posted by tickle

What did you do to illicit this type of reaction from a colleague ? If he didnt actually touch you. You werent assaulted, as you say, so I dont see how you can repercuss.

As for the company, they took action by giving the other a warning. The fact they said if you werent happy with their reaction, you could leave, is just that. I dont think you have any grounds to take subsidy action.

tick

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I said in my post that there was no reason. He just didn't like me presonally and just invented a reason for assault.

You think that for an assult there has to be a physical contact? Well, there was: his saliva, plus my ear drums were hurting during his insane yelling.

Well, I wonder is there any appeal to a company's decision? If not, then what kind of corporate law is this?
Thanks for your answer.

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Originally Posted by excon

Hello R:


So, I'd avoid the guy and keep your head down.

excon

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Thanks for the advice.
However, now anyone can walk into my office during business hours, came as close as 10cm away from my face, yelling as much as they could so my ear drums were hurting, threatening to blow my f***** face, asking me to retreat, and leave.

And I have to keep my head down. What kind of corporate law do we have?
I get up every morning at 6 to go to work to have myself a free person. If I am not free, then why bother going to work every day?

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Originally Posted by Racunovodja

If I am not free, then why bother going to work every day??

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Hello again, R:

Look. It was unpleasant. But, in the final analysis, he didn't hit you, and you still have your job. Now, you can make a big deal out of this, or you can realize this just is one of life's little speedbumps, and move on.

I don't know. I'm not you. In this economy, I'd try to keep my job. Unless, of course, you are a very valuable employee. If that's the case, then I'd hunt him down and spit in HIS face.

excon

I think some people misunderstood my point, so I have to repeat my question:

do I have any legal action against corporation?

What I am going to do or what is a good idea to do, is not my point in here. It all depends on the law. If the law said that the corporation doesn't protect their employees to the degree of the safety, then, I know I can sue It.

As I said in my first response, as it is right now you don't have any legal action against the corporation because it was an isolated incident and your bosses did address it, albeit mildly in your opinion. But if this type of behavior continues and becomes a pattern and the powers that be don't address it any further than continuing to give this coworker "warnings" then you will have a case.

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Originally Posted by s_cianci

As I said in my first response, as it is right now you don't have any legal action against the corporation because it was an isolated incident and your bosses did address it, albeit mildly in your opinion. But if this type of behavior continues and becomes a pattern and the powers that be don't address it any further than continuing to give this coworker "warnings" then you will have a case.

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Quite frankly I wouldn't stick around to see if this incident would happen again. I would be out of there and looking for another job. What kind of people do they hire that react in an innappropriate manner such as the one described. But my question remained unanswered by the OP, just what did he do that would receive a reaction such as this, because it must have been something unnacceptable as well. So they are probably both guilty of bad behavior.

Tick

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But my question remained unanswered by the OP, just what did he do that would receive a reaction such as this, because it must have been something unacceptable as well. So they are probably both guilty of bad behavior.

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Not necessarily. And 2 wrongs don't make a right. The coworker in question might have been having a bad day or struggling with a personal issue and simply reacted inappropriately in this one situation. And some people are just hotheads and don't react appropriately to any situation. That's why I keep telling the OP that that's the real question ; one-time incident or a consistent pattern? If it's the latter, then the OP definitely has cause against the company ; at least in the US (s)he would since, by law, employers must protect their employees from a hostile work environment. And behavior as described by the OP, if directed towards him/her on a consistent basis by this coworker, would constitute a hostile work environment.

I think your employer (in Canada) has a DUTY to keep you safe. That includes being safe from having a co-worker spit in your face, harass or assault you. If the employer does NOT keep you safe or terminates you without cause, for being the victim of what is a legal assault (spitting in someone's face) you have an actionable cause against both the employer and the co-worker.

Do I think you'll win? Depends on monetary damages as well as any medical problems caused by the assault - such as inability to sleep, fear, whatever you can back up with a PHYSICIAN's opinion.

I say consult with an Attorney - you have been assaulted. Whether you are at fault does not matter. Fault does NOT give the other party a right to spit at you or otherwise harass you.

Here is a link where you might find your answers.

Human Rights in the BC Workplace - About the Law in BC Canada

Good luck

Thank you all for your help. I need it. Although the co-worker did not deliberately spit in my face, his saliva was spilling over it. Imagine someone comes as close as 10cm to your face and with wide open mouth yelling as loud as the limit of his voice let him do it.

Anyway, my employer's decision is something that leaves no hope. One can lose his mind and make stupid move, but the (corporate) law should be there to protect victims. Well, not in this case.

If his saliva got on you I believe you have a cause of action IF you have damages.

Did you read what I wrote - I did NOT say that corporate law is not there to help victims. I told you how to proceed if you want to make a claim.

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Originally Posted by Racunovodja

but the (corporate) law should be there to protect victims. Well, not in this case.

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Hello again, R:

Let's call a spade a spade here. In fact, you don't have a case against your company. They reacted to the problem by WARNING the guy. They then told you to either accept what they did, or leave...

In fact, that is a reasoned response. Given that it's REASONABLE, you have NO case against them. There is NO law or corporate structure in the world than can prevent every possible occurrence from happening.. All we can ask of our citizens is to act reasonable. In fact, the law is based on it, and your company did.

You DO, however, as has been mentioned, HAVE a case against the spitter. I don't care whether he aimed or it dribbled. You WERE assaulted, and the law DOES protect you. You certainly CAN seek your rights in court, and if you feel so victimized, I WOULD.

But, even though you have the RIGHT to seek redress of your grievances in court, it often times isn't worth it. That was the essence of my advice above.

So, if you choose not to seek redress in court, it's NOT because the law didn't protect you. It DOES. It's because you CHOOSE not to avail yourself of it, which I think is the wise course of action.

excon

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Originally Posted by JudyKayTee

If his saliva got on you I believe you have a cause of action IF you have damages.

Did you read what I wrote - I did NOT say that corporate law is not there to help victims. I told you how to proceed if you want to make a claim.

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Yes, I've heard you. The problem is that I didn't go to consult a physician after. It's been two weeks after the incident. My point of interest is the corporation ignorance. The co-worker acted as an idiot. But, the corporation issued just verbal warning to him, askied him to apologize, and telling me that If I am not happy with their decision I can leave the company?!

Well, that hurts. That means anybody else now can run into my office yell and threat me and got verbal warning for it!! I am employed there for 3 years and did a perfect job. Never ever caused any problems. I have over 23 year experience working in my branch of expertise. And being abandoned by the corporation just like that... well, that made me post this in here.

Yes, I am in process of making an appointment with my attorney. Just wanted to know what can I expect from it.

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Originally Posted by Racunovodja

Well, that hurts. That means anybody else now can run into my office yell and threat me and got verbal warning for it!!?

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Hello again, R:

I know you're hurt. But, you're making up that last part. You're basically saying that when a person has ONLY been WARNED about doing something wrong, it gives everybody else permission to repeat it??

Nahhh.

excon

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Originally Posted by excon

Hello again, R:

In fact, you don't have a case against your company. They reacted to the problem by WARNING the guy. They then told you to either accept what they did, or leave....

In fact, that is a reasoned response. Given that it's REASONABLE, you have NO case against them.

You WERE assaulted, and the law DOES protect you.
excon

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Yes, I was assaulted. But the corporation said that it was a "verbal abuse"!? And based on that they issued verbal warning to the co-worker, and told me if I am not happy with their decision, I could leave! So, I am not expecting of anybody to prevent the incident. I am asking to address it appropriatelly. That's what the corporation did not do. And it took 4 days to corporation to come to this decision. So, it was well thought and done.

Now, my point is can I legally sue the corporation for being biased and not issuing proper protection after. Because advisng me "to leave" is not protection against assaulter. You got my point now?

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Originally Posted by Racunovodja

You got my point now?

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Hello again, R:

I got your point a long time ago. It's MY point (Judy's too), that's being missed.

excon