Legal Question in Criminal Law in New York

Employer liability in violent harassment

I work near a hospital. On a deli run

2 weeks ago, a young woman who

works at the hospital ( she was in

scrubs) decided I was going 'the

wrong way' in the deli line, verbally

harassed me and tried to start a

fight.I walked away. Today I was

walking from work to the train when

she followed me, called me

names,and tried to push me down

the two flights of stairs that lead into

the train. She was not crazy just

very violent. I have filed a police

report for harassment, not assault,

since I didn't fall down the stairs and

was not hurt. The police I should be

careful and call 911 if she bothers me

again, but I am not happy about the

idea that a violent person may cross

my path at any time. My questions

are:1. I don't know who she is, but I

could identify her in a picture, and I

assume she was photographed for a

hospital ID to work there. Can I ask

the hospital's HR depart. to let me

see the photos so I could ID her and

then they could speak with her and

tell her she has a harassment charge

and should chill out? 2. What is the

legal liability of the hospital to me in

retaining or not reprimanding their

violent employee if I am not their


Asked on 4/01/08, 8:26 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Employer liability in violent harassment

As far as photos, you will NOT be allowed to see them and should allow the police to do their jobs. Assault does, or attempted Assault, does not require any level of specific injury and it seems as if such a charge may be brought in such a case. Contact the police and if not listened to contact the district attorneys office directly after securing a copy of the police report you filed, make sure you let the officers know you have every intent to move forward with this and to file a complaint.

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Answered on 4/10/08, 4:23 am

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Employer liability in violent harassment

The employer has no liability to you. First, it didn't happen in the work place nor did it happen as part of the scope of her employment or while working for the benefit of her employer.

HR will not let you look at their employee pictures.

Did you tell the police you wanted to bring charges or just file a report?

She sounds very unstable and you prob would do the public good to have her off the street and especially away from patients.

How about trying the deli to see if they know her?

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Answered on 4/02/08, 8:35 am

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