My Ex Harassed and Stalked Me Using His Employer’s Computer. Do I Have a Case against the Employer?
Provided by HG.org
When someone is harassed by and individual through a work computer, it is possible that the employer is held liable in these instances due to the work email, computer and other electronic or network involved. However, it is important to seek the help of a lawyer to determine if there is enough strength in the claim to proceed.
Harassment of any type through a company or employer is illegal due to the various Acts and regulations in the United States. Sexual harassment of someone either at work or through work computers is a violation of the rules and company policy. When the company administrator or IT department does not catch these instances, it is possible that the employer could be liable for damages to the person affected. If the incident escalates to injury, further claims are often possible. When the employee bridges his or her work computer and connects it to an outside email or social media site to cause harm to another, this could lead to a workplace lawsuit.
Work computers are usually only for work purposes. The employee that has been hired by the company generally signs a handbook that explicitly explains that any activity that could cause civil or criminal charges or complications may be fired when caught. However, the activity could lead to the company becoming entangled in a legal battle. It is important to know what affects the business, what liability exists in these situations and what rights are afforded to the victim of the harassment. A lawyer is usually hired to assist in understanding the confusing circumstances and how to negotiate or resolve the matter best.
When someone has been targeted by another for harassment or stalking behavior, it is important to know what this means and how it affects the victim. Stalking usually causes emotional and metal turmoil and distress. Harassment may lead to emotional and physical injury. When the person targeted has been harmed in anyway by the actions of the perpetrator, he or she may have a case against him or her. Damages are usually provided through monetary means when the civil case is successful. Some judges may feel the criminal should be punished more and may award the victim punitive damages.
It is when any type of harassment occurs with a company or through relation to the employer or business that the entity or owner could be held liable. The rules and regulations within the company are in place to prohibit such behavior, but when it has not been discovered until too late, there are no measures in place to prevent or stop the activity. The person affected could have a case depending on what preventative protocols were in place and how much the company attempted to remedy the situation. The more knowledge possessed about the circumstances, the stronger the case for the victim in the courtroom.
The Factors of the Case
Before attempting to sue the company, it is important to know all the details and elements of the claim against the perpetrator of the crimes. If he or she has been engaged in illegal activity at work, it is possible to contact local law enforcement and seek justice. Additionally, the person affected by his or her actions may seek civil litigation for the damage caused. It may be more beneficial to remain in a positive relationship with the company so that evidence is provided with less difficulty. This may ensure that conviction is mostly guaranteed.
However, the action of the company may mean that the owner or the business itself is culpable. Labiality in these matters is complicated, and a lawyer is generally necessary to unravel the rules and regulations that could connect the entity to the crimes. A subpoena is frequently needed to secure the evidence of any wrongdoing committed on company computers. Then, the lawyer and client must prove that no preventative measures or other action was taken to stop or mitigate the damage caused by the accused. This could mean two or more lawsuits, and the lawyer fees may exceed what is awarded.
Lawyer Support in Harassment
When it has been determined that the defendant was at work when the victim was harassed, it is crucial to hire a lawyer. The legal representative may need to obtain a court order for emails, chat or other electronic transactions. The lawyer may also need to determine if there is enough evidence to go after the company and if a claim is possible.
Read more on this legal issueAre Sexual Harassment Investigations Confidential?
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.