Can a Co-worker Harass You Outside Work? Lior Samfiru Explains

Harassment by a co-worker doesn’t have to happen at work to become an employment law issue. If someone’s behaviour outside the workplace affects your safety or makes you uncomfortable at work, your employer may have a legal obligation to investigate and take appropriate action.

Employment lawyer Lior Samfiru discussed these issues with Jon Oakley on Global News Radio 640 Toronto’s The Oakley Show, following a disturbing criminal case involving an Edmonton man who secretly recorded a female co-worker.

Can Harassment Outside Work Become a Workplace Issue?

Yes. Lior explained that harassment or inappropriate behaviour between co-workers can affect their employment relationship even when the conduct occurs outside the workplace.

An employer’s responsibilities can extend to situations where off-duty behaviour creates safety concerns or affects an employee’s ability to work.

Depending on the circumstances, an employer may need to investigate, discipline an employee, provide training or introduce measures to protect the person experiencing harassment.

Lior described a case where an employer arranged for someone to accompany an employee between her vehicle and workplace because she feared harassment from a former co-worker.

What If a Co-worker Makes You Uncomfortable?

Unwanted attention doesn’t always involve threats or physical contact. It can include repeated approaches, inappropriate comments or persistent romantic advances.

Lior explained that employees can raise legitimate concerns about this behaviour with their employer.

An employer should investigate a harassment complaint rather than automatically accepting or dismissing an allegation. The response should depend on the facts and the seriousness of the conduct.

Is Asking a Co-worker on a Date Harassment?

Not automatically. Lior distinguished a single, respectful invitation from persistent unwanted advances.

If someone makes it clear that they’re not interested and the attention continues, the behaviour may become harassment.

Employers should take complaints seriously and assess the circumstances rather than assume every social interaction amounts to misconduct.

What Should You Do If a Co-worker Is Harassing You?

If you’re experiencing unwanted attention, intimidation or harassment involving a co-worker:

1. Document what happened. Keep relevant messages and a record of incidents.
2. Report the behaviour. Notify HR, a manager or another appropriate person under your workplace’s reporting procedures.
3. Ask about protective measures. If you have safety concerns, explain them clearly to your employer.
4. Get legal advice. If your employer ignores serious complaints, retaliates against you or fails to address the situation, speak with an employment lawyer.

Learn more about your rights concerning workplace harassment and sexual harassment at work.

Get Help With Workplace Harassment

If a co-worker is harassing you and your employer isn’t taking appropriate action, the Toronto workplace harassment lawyers at Samfiru Tumarkin LLP can help you understand your employment rights and determine whether you’re entitled to compensation.

Our employment lawyers represent non-unionized employees in Ontario, Alberta and British Columbia.

Don’t resign or sign anything before checking your rights. Contact us today or call 1-855-821-5900.