I work for the federal government. I have been assaulted twice by the same coworker. The first time she was found guilty, ordered jail time and fined heavily. She appealed the decision and we are set to go to jury trial later this month. This past Thursday she assaulted me again. I went to my supervisor immediately and reported the incident. She denies being around me at all that day. Friday night I noticed that my arm was swollen and bruised from our altercation. I contacted the authorities on Saturday morning. Today that had me come in and swear a statement and take photographs. They doubt that they will be able to bring a case against her.
My employer has had us working beside each other since the original court hearing. Nothing has been done. Pls help.
It's odd that your supervisor doesn't separate you or discipline our coworker. There isn't a clear path to deal with this kind of thing, but you can try reporting the situation to:
your agency's safety officer, if it has one;
the Human Resources Office (HRO);
your supervisor's supervisor; or
the agency policy/security office.
I would make any report in writing and keep a copy of the report AT HOME. You may need proof you made the report sometime in the future.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
Are you a POSTAL WORKER? Do you belong to a union
(NALC or APWU)? There is an EEO hotline you can call
and file a complaint. Call them. File a complaint with the
head of your agency (Washington, DC). Good luck!
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.
This is just bizarre. It sounds like your supervisor must be friends with your co-worker and is taking her side. The answers given by the other attorneys are good. But as an attorney who works in the criminal justice system, I also see another avenue -- talk with the prosecutor (or the victim assistance worker in the prosecutor's office) about asking the court for a no-contact order, and bring up the subsequent assault. If the judge orders the co-worker to have no contact with you, your supervisor will have no choice but to move one of you into a different area. Also, do your best to have at least one other person around you whenever you do have to be around her, just so you will have a witness in case she does anything else to you.
And if the co-worker is convicted by the jury, if she is not given jail or fired, be sure to ask the judge to issue a no-contact order to protect you. Good luck!
No attorney-client relationship is established with this answer. It is not to be considered legal advice, but is merely given to point you in the right direction and give you a general answer as to the law regarding the question you have asked.
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