Harassment at Work

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ason123
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Posts: 58

Harassment at Work

Post by ason123 »

I have this huge problem at the moment at work where this woman who works across the street from me has a bee in her bonnet about the fact that I hang out with homeless people during my work break. She started filming me and taking pictures of me outside my work and sending them to my employer. She is trying to make it look like I am slacking off at work, but when she has been following me around with her camera I have not been on the clock. But I got in trouble from it at work due to the amount of photos she was emailing to my work's corporate office. My manager thus far has been understanding about it when I have explained the circumstances. Well, last month I kindly asked her to stop doing what she was doing, and told her that I got in trouble from her actions. According to her, she is "sick of looking at" me talking to the homeless. So that is her reason behind this harassment.

Well, she laid off the camera for a little while after I asked her to nicely, but today, my homeless friend beckoned to me from my window to come outside and meet his girl friend, and I stepped outside to say hello to her, but not even ten seconds later, Paparazzi Lady rushed out her store with her cell phone yelling, "Bring it on!!!" while simultaneously snapping photos of me or filming or who knows what. I think she has some kind of hatred toward homeless people, but I am her casualty of war because she doesn't want homeless people to be around her store.

Now, I live in Washington state, and this is what I have found, and I am wondering if I have the grounds to set up a protective order against her for following me around like a paparazzi since I have already requested on one occasion that she must stop following me around with her camera. I highlighted in red the section I have the biggest question about, and that is.... would fear of monetary loss be considered fear of the person attempting to injure my personal property? I have studied some law, but do not know if that would fit under the umbrella of the definition of property. UGH. I hate to do this, but if I do get fired on account of her incessant bullying, I may need to sue her for slander or libel for her actions. I mean, this is all very unpleasant, but do you guys see what I mean? I am being wrongfully and unlawfully harassed by her, if you ask me. Please tell me what you think. So yeah.... See below for the laws I have potentially found stacked in my favor....

RCW 9A.46.110

Stalking.

(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
(a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and
(b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
(2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and
(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person.
(3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by chapter 18.165 RCW.
(4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.
(5)(a) Except as provided in (b) of this subsection, a person who stalks another person is guilty of a gross misdemeanor.
(b) A person who stalks another is guilty of a class B felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a protective order; (ii) the stalking violates any protective order protecting the person being stalked; (iii) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person; (iv) the stalker was armed with a deadly weapon, as defined in RCW 9.94A.825, while stalking the person; (v)(A) the stalker's victim is or was a law enforcement officer; judge; juror; attorney; victim advocate; legislator; community corrections' officer; an employee, contract staff person, or volunteer of a correctional agency; court employee, court clerk, or courthouse facilitator; or an employee of the child protective, child welfare, or adult protective services division within the department of social and health services; and (B) the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or (vi) the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony.
(6) As used in this section:
(a) "Correctional agency" means a person working for the department of natural resources in a correctional setting or any state, county, or municipally operated agency with the authority to direct the release of a person serving a sentence or term of confinement and includes but is not limited to the department of corrections, the indeterminate sentence review board, and the department of social and health services.
(b) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
(c) "Harasses" means unlawful harassment as defined in RCW 10.14.020.
(d) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.
(e) "Repeatedly" means on two or more separate occasions.
[ 2013 c 84 § 29; 2007 c 201 § 1; 2006 c 95 § 3; 2003 c 53 § 70. Prior: 1999 c 143 § 35; 1999 c 27 § 3; 1994 c 271 § 801; 1992 c 186 § 1.]
NOTES:
Findings—Intent—2006 c 95: See note following RCW 74.04.790.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Intent—1999 c 27: See note following RCW 9A.46.020.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Severability—1992 c 186: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 186 § 10.]
RCW 10.14.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication, but does not include constitutionally protected free speech. Constitutionally protected activity is not included within the meaning of "course of conduct."
(2) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.
[ 2011 c 307 § 2; 2001 c 260 § 2; 1999 c 27 § 4; 1995 c 127 § 1; 1987 c 280 § 2.]
RCW 51.08.100
"Injury."
"Injury" means a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result, and occurring from without, and such physical conditions as result therefrom.
[ 1961 c 23 § 51.08.100. Prior: 1959 c 308 § 3; 1957 c 70 § 12; prior: 1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part; 1911 c 74 § 3, part; RRS § 7675, part.]

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Red
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Posts: 613

Re: Harassment at Work

Post by Red »

I didn't read all of the statutes, but in my opinion you can do a couple of things.

1) if the woman doesn't own the company she works for, you can report her to her boss. You could probably still report her if she's a franchise. You'd just report her to the chain she bought the franchise from.

2) you can file a restraining order. It appears as though her harassment constitutes a crime. A restraining order will appear on a background check. If she violates the restraining order, you can easily call the cops and let them deal with it. She will likely back off because of that.

Edit: sorry I re-read your post. Yes I think you have grounds to file the restraining order. She's also violating section 4.

Edit 2: be sure to document EVERYTHING. The sooner you write it down with times and dates, the better. Then you won't forget anything.

Edit 3: (sorry) if she's yelling like a banshee and seems deranged or mentally ill in some way, thats grounds for fear of being harmed. You Only need to be in fear. This is beside the point, but in concealed handgun training courses, they teach that (this is loosely described) you need only be in fear for your life to discharge your weapon on grounds of personal defense. I would assume grounds for acquiring a restraining order would be easier. It doesn't appear, according to those statutes, to be diffikt to acquire given your circumstances.

Are you any of the type of people listed in B under section 5? If you are, that makes the case stronger.

That is an awful situation you're in. I'm sorry someone else's angst is threatening your job and stressing you out.

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ason123
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Posts: 58

Re: Harassment at Work

Post by ason123 »

Red wrote: September 8th, 2017, 6:28 pm I didn't read all of the statutes, but in my opinion you can do a couple of things.

1) if the woman doesn't own the company she works for, you can report her to her boss. You could probably still report her if she's a franchise. You'd just report her to the chain she bought the franchise from.

2) you can file a restraining order. It appears as though her harassment constitutes a crime. A restraining order will appear on a background check. If she violates the restraining order, you can easily call the cops and let them deal with it. She will likely back off because of that.

Edit: sorry I re-read your post. Yes I think you have grounds to file the restraining order. She's also violating section 4.

Edit 2: be sure to document EVERYTHING. The sooner you write it down with times and dates, the better. Then you won't forget anything.

Edit 3: (sorry) if she's yelling like a banshee and seems deranged or mentally ill in some way, thats grounds for fear of being harmed. You Only need to be in fear. This is beside the point, but in concealed handgun training courses, they teach that (this is loosely described) you need only be in fear for your life to discharge your weapon on grounds of personal defense. I would assume grounds for acquiring a restraining order would be easier. It doesn't appear, according to those statutes, to be diffikt to acquire given your circumstances.

Are you any of the type of people listed in B under section 5? If you are, that makes the case stronger.

That is an awful situation you're in. I'm sorry someone else's angst is threatening your job and stressing you out.
Thank you for taking the time to read this. I appreciate the feedback!

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Red
captain of 100
Posts: 613

Re: Harassment at Work

Post by Red »

No problem. I read and interpret legal documents, among other things, for a living :)

JohnnyL
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Posts: 9830

Re: Harassment at Work

Post by JohnnyL »

Talk with a lawyer. Get a restraining order. Not that it will surely help. (Depending on policemen's personal feelings, they might even encourage her to get one and then arrest you if you go near her store.)

Film her filming you and screaming and all that. Tell her you will put it up on public FB, with the story behind it, and her store name and address, if she ever does it again.

saizoh
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Posts: 4

Re: Harassment at Work

Post by saizoh »

Any updates here? My friend has a somewhat similar situation.

She works at a coffee shop and the owner of a pet shop beside it is a regular customer. However this guy only buys when she is the one manning the cashier lol. The guy hasn't done anything outrageous yet but she fears it's going to come eventually, as he is starting to ask her questions such as how long has she worked there, where she lives, what's her shift, etc.

eddie
captain of 1,000
Posts: 2405

Re: Harassment at Work

Post by eddie »

I agree, film her back, then send word you are filing an harassment suit against her. Go to an attorney and have a letter of intent sent to her, fight fire with fire, that's the only way some people get it, she's nothing more than a bully!

ebenezerarise
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Posts: 1585

Re: Harassment at Work

Post by ebenezerarise »

I'd be contacting the business she springs from and threatening to take her activity to the media.

larsenb
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Posts: 10812
Location: Between here and Standing Rock

Re: Harassment at Work

Post by larsenb »

Just to make sure of your grounds, only visit your homeless friends at locations not fronting the property she is concerned about, and certainly not on the property.

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ason123
captain of 50
Posts: 58

Re: Harassment at Work

Post by ason123 »

saizoh wrote: October 9th, 2017, 3:22 am Any updates here? My friend has a somewhat similar situation.

She works at a coffee shop and the owner of a pet shop beside it is a regular customer. However this guy only buys when she is the one manning the cashier lol. The guy hasn't done anything outrageous yet but she fears it's going to come eventually, as he is starting to ask her questions such as how long has she worked there, where she lives, what's her shift, etc.
Looks like I haven't been on this forum for a while.... haha. Anyhow here is the update. There was one more occasion where I was harassed by this lady, but I have found a way to put a stop to it. This is what happened....

I came outside to remind my homeless friend of a court appointment he had that day (the county court had asked me to be a backup contact for him if they couldn't get a hold of him). Well, as soon as I did step outside, she ran outside of her store and started filming me or snapping photos, using her cell phone. This is how I handled it, after much deliberation and thinking ahead. I walked to the the street corner, directly across from where she was, and looked at her in the eyes, and firmly told her, "No! That is NOT okay. You need to stop following me around with cameras now. This is getting RIDICULOUS. I have already asked nicely for you to stop, and you have just blown me off and continued to harass me. Well, I want you to know that if I catch you trying to follow me around with your cameras again, I will be filing a motion for a restraining order." She, of course, started cursing at me and calling me all kinds of names. I went back inside my work, flustered.

Now here is the part I probably shouldn't have done, but after catching my breath I walked across the street and went into her workplace (not usually advised, but I just had to say a couple more things to her). I explained to her that I wasn't trying to annoy her in any way, but was trying to remind my friend about his court appointment. Actually she didn't care crap about me explaining myself so I probably should have just skipped this step. I asked her what I could possibly do to make her stop her behavior. She told me in more or less words that she would never stop until I was fired because she believed I am the reason why homeless people gather there. Little does she know, they have been there for many years before I ever started talking to them due to some stupid city ordinances that kind of force them to camp out in the downtown area since there is no other place that they are legally allowed to sleep. I tried to explain to her that there was nothing I can do about the amount of homeless people that gathered downtown, and that the situation won't change even if I am fired. I reiterated that I didn't appreciate her constant harassment, and after some saucy replies about how I am nothing more than a pathetic Mormon housewife tramp who tries to validate myself with the attention of the homeless (hahahaha!!! when she said that I wanted to laugh so badly because of how "off" her perception of me is), I told her one more time that what she has been doing is considered "unlawful harassment," and that she needed to stop following me around.

She assured me that she was within her legal rights to film me on public land whenever she wants to. I said, "Yes, that is true, you are within your legal rights...for now. If my motion for a restraining order is granted, however, and you continue to keep me under surveillance, you can be charged with a gross misdemeanor. I don't want to stoop to this, but you are leaving me no choice. You are trying to take away my livelihood for your own petty reasons, and you won't cooperate with me and give me any reasonable steps I can take to help your situation, and you refuse to stop your behavior. Since you won't stop until I am fired, I have to defend and protect myself now." She told me to get the F out her store, which I did, immediately. Haha. So maybe that wasn't the smoothest, but you know what, I haven't had ONE more incident of harassment from her since that conversation.

I will mention that I have been dutifully taking notes of any and all "incidents," and my company manager is in the loop of EVERYTHING that has been going on, and is willing to support me in court with documentation I have sent to him. So I got lucky there with a very understanding manager.

Also, I will note that I really try to avoid being in her line of sight at all times. I don't talk to ANY of my friends in front of my store if I can help it, seeing as that is what she has the most problem with (the front of my store is across the street from the front of her store). However, in the few instances where I have decided to quickly run outside to say something to them, those are the times she has raced at me with her cameras.

Again, ever since I mentioned the possible restraining order, she has left me alone. In Washington State if you get a gross misdemeanor for violating a restraining order, this is a form of stalking, which is considered a low-level sex offense. I think she is smart enough to know that I am dead serious about pursuing a restraining order, so she has left me alone for about 2 months now. Knock on wood...hope this never changes.

I want to thank all those who gave me ideas about how to handle this situation. I really thought of this forum as I worked through the situation, and you are all awesome!

JohnnyL
Level 34 Illuminated
Posts: 9830

Re: Harassment at Work

Post by JohnnyL »

ason123 wrote: December 31st, 2017, 5:04 pm
saizoh wrote: October 9th, 2017, 3:22 am Any updates here? My friend has a somewhat similar situation.

She works at a coffee shop and the owner of a pet shop beside it is a regular customer. However this guy only buys when she is the one manning the cashier lol. The guy hasn't done anything outrageous yet but she fears it's going to come eventually, as he is starting to ask her questions such as how long has she worked there, where she lives, what's her shift, etc.
Looks like I haven't been on this forum for a while.... haha. Anyhow here is the update. There was one more occasion where I was harassed by this lady, but I have found a way to put a stop to it. This is what happened....

I came outside to remind my homeless friend of a court appointment he had that day (the county court had asked me to be a backup contact for him if they couldn't get a hold of him). Well, as soon as I did step outside, she ran outside of her store and started filming me or snapping photos, using her cell phone. This is how I handled it, after much deliberation and thinking ahead. I walked to the the street corner, directly across from where she was, and looked at her in the eyes, and firmly told her, "No! That is NOT okay. You need to stop following me around with cameras now. This is getting RIDICULOUS. I have already asked nicely for you to stop, and you have just blown me off and continued to harass me. Well, I want you to know that if I catch you trying to follow me around with your cameras again, I will be filing a motion for a restraining order." She, of course, started cursing at me and calling me all kinds of names. I went back inside my work, flustered.

Now here is the part I probably shouldn't have done, but after catching my breath I walked across the street and went into her workplace (not usually advised, but I just had to say a couple more things to her). I explained to her that I wasn't trying to annoy her in any way, but was trying to remind my friend about his court appointment. Actually she didn't care crap about me explaining myself so I probably should have just skipped this step. I asked her what I could possibly do to make her stop her behavior. She told me in more or less words that she would never stop until I was fired because she believed I am the reason why homeless people gather there. Little does she know, they have been there for many years before I ever started talking to them due to some stupid city ordinances that kind of force them to camp out in the downtown area since there is no other place that they are legally allowed to sleep. I tried to explain to her that there was nothing I can do about the amount of homeless people that gathered downtown, and that the situation won't change even if I am fired. I reiterated that I didn't appreciate her constant harassment, and after some saucy replies about how I am nothing more than a pathetic Mormon housewife tramp who tries to validate myself with the attention of the homeless (hahahaha!!! when she said that I wanted to laugh so badly because of how "off" her perception of me is), I told her one more time that what she has been doing is considered "unlawful harassment," and that she needed to stop following me around.

She assured me that she was within her legal rights to film me on public land whenever she wants to. I said, "Yes, that is true, you are within your legal rights...for now. If my motion for a restraining order is granted, however, and you continue to keep me under surveillance, you can be charged with a gross misdemeanor. I don't want to stoop to this, but you are leaving me no choice. You are trying to take away my livelihood for your own petty reasons, and you won't cooperate with me and give me any reasonable steps I can take to help your situation, and you refuse to stop your behavior. Since you won't stop until I am fired, I have to defend and protect myself now." She told me to get the F out her store, which I did, immediately. Haha. So maybe that wasn't the smoothest, but you know what, I haven't had ONE more incident of harassment from her since that conversation.

I will mention that I have been dutifully taking notes of any and all "incidents," and my company manager is in the loop of EVERYTHING that has been going on, and is willing to support me in court with documentation I have sent to him. So I got lucky there with a very understanding manager.

Also, I will note that I really try to avoid being in her line of sight at all times. I don't talk to ANY of my friends in front of my store if I can help it, seeing as that is what she has the most problem with (the front of my store is across the street from the front of her store). However, in the few instances where I have decided to quickly run outside to say something to them, those are the times she has raced at me with her cameras.

Again, ever since I mentioned the possible restraining order, she has left me alone. In Washington State if you get a gross misdemeanor for violating a restraining order, this is a form of stalking, which is considered a low-level sex offense. I think she is smart enough to know that I am dead serious about pursuing a restraining order, so she has left me alone for about 2 months now. Knock on wood...hope this never changes.

I want to thank all those who gave me ideas about how to handle this situation. I really thought of this forum as I worked through the situation, and you are all awesome!
Yay!! Good job!

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