Have you ever had an unsatisfied customer who just will not stop calling and harassing your business? Or maybe you have experienced a past employee who continues to call, send emails, or visit your business?
Sometimes, the actions of individuals against a business (or against an individual in that business), are harmless and non-threatening, but other times it is more than that and needs to be dealt with appropriately. One of the ways to deal with it is to get an Injunction Against Workplace Harassment against that individual to prevent them from contacting or interacting with the business.
What qualifies as harassment against a workplace?
The Court has defined improper harassment against a workplace as either:
1) A single threat or act of physical harm or damage.
2) A series of threats or acts over a period of time that would cause a reasonable person to be seriously alarmed or annoyed.
Ariz. Game & Fish Dep’t v. Scheeler, No. 1 CA-CV 18-0585, at *4 (Ariz. Ct. App. Oct. 3, 2019)
What type of behavior qualifies as harassment against a workplace?
There are typically four types of behaviors that fit the category of harassment against a workplace. They are:
Activists: First, there are some people who simply will not stop calling or visiting a business and harassing it based upon what the business is or stands for. For example, a store that sells guns sometimes gets calls (or even visits) from anti-gun activists who harass the employees of that store and tell them they are terrible people.
Unsatisfied Customers: Second, there are sometimes customers who, despite what a business does for them, will simply never be satisfied with the business’s product or service. These customers may call, email, or come to the business location to harass the employees and threaten to destroy the business.
Ex-Employees: Third, some employees become very aggressive against their previous employers at the time they are fired or shortly thereafter. This can come by way of the ex-employee aggressively driving by the place of business, texting/calling individuals in the business, and making threats or similar gestures.
Infatuated Employees: Fourth, some employees become infatuated with other employees and start to engage in bizarre behavior towards them. It could be viewed as a sign of love by the infatuated individual, but it also can cross the line into stalking and/or threatening behavior that the business cannot tolerate. In these instances, the individual being stocked can take their own action (filing an injunction against harassment/calling the police), but if they do not wish to and the behavior is troublesome, then the business can take action to protect itself.
How does a company file an injunction against a harasser?
The laws of Arizona specifically provide a way for businesses to file an injunction against workplace harassment against individuals. The steps are as follows:
1) Identify the individual against which the injunction should be placed.
2) Prepare a petition against the individual (if against more than one individual then more than one petition should be filed). The petition must include the name/address of the employer and of the harasser and a specific statement showing the events and dates of the harassment.
3) Pay the filing fee.
The court can then determine if they wish to issue the injunction without a hearing or if a hearing is required. If a hearing is required, then it should be held within 10 days of when the request for an injunction is made. A.R.S. § 12-1810.
If the injunction is granted, then it must be served on the harasser within one year of the time that it is obtained or it becomes void. In addition, the harasser against whom an injunction has been filed can file an appeal.
What are other appropriate actions?
If a business or an individual ever receives a threat of physical harm, then they should call the police. Individuals looking to stop harassment against them should look at filing an injunction against harassment as found in A.R.S. § 12-1809.
Contact Counxel Legal Firm
If you need help discussing or getting an injunction against workplace harassment, then contact us at (480) 744-6621 or at request@counxel.com. Don’t forget to check out the good things that others are saying about the services they received from Timothy Coons on Google.
This article is intended for informational purposes only and does not constitute legal advice for your specific situation. Use of and access to this article does not create an attorney-client relationship between you and Counxel Legal Firm. Please contact request@counxel.com or (480) 744-6621 to request specific information for your situation.
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