What Counts As Harassment under the Law?
Harassment is defined in both Illinois and federal laws, with several nuanced differences between the statutes that illustrate the serious nature of the problem. In a general sense, however, harassment at work is usually the result of someone in your workplace using their power or control as an opportunity to make you feel uncomfortable, frightened, or upset by confronting you about an issue that is unrelated to the business or even taking a sexual interest in you. Some people say it’s "getting in your face," but it’s more serious than that. Repeatedly telling you off could be harassment, but someone forever berating you at work could be harassment as well.
Conversely, the legal definition of harassment is based less on whether it’s done often, and more on whether it violates anti-discrimination laws . For example, if your harasser is part of a socially or legally protected class and is showing more than a fleeting interest in you as a possible romantic partner, telling you how they’re going to help you advance your career, telling other people in the office about having a four-week affair unless you get married, or coercing you in some way through your employment status or job grades, it can be considered harassment under the law. Harassment and hostile workplace claims in general can be brought against your employer based on a legally protected characteristic. These characteristics include national origin, gender, religion, age, sexual orientation, and so on. If it looks like a pattern of harassment exists in the workplace and it is directed at someone because they are part of a legally protected class, then it’s actionable under the law.
Legal Threats: What Is Genuine and What is Harassment?
It is often incredibly difficult to identify a fake legal threat from a real legal threat. A legal threat is just like any other communication, you’ll get good ones and bad ones, fake legal letters and real legal letters. Don’t let the blog title fool you. Determining whether you face a real legal threat or not is almost impossible whether you’re a lawyer or not. Only time and careful legal investigation can help you assess the situation properly.
But there are some things you should always look at before you dive further down the rabbit hole of real vs. fake legal threat. Let’s look at some of the characteristics of a fake legal threat vs. a real one.
A real legal threat must be addressed in some manner to alleviate liability. If you don’t look into a real one, then you could be liable for a person’s injuries. On the other hand, a fake legal threat has no real legal authority. The threat was made to harass, intimidate, or frustrate you.
A fake legal threat (the fake legal threat platform) has no real lawyer reviewing and signing the document. No one has filed their license information with the State Bar so you have no real lawyer address to look up to confirm the lawyer’s credentials. Simply put, the overwhelming majority of lawyers are good, honest people and never tell a lie. Fake legal threats like our fake legal threat platform, however, usually require an intent to deceive to be effective. Most require multiple high pressure attempts to get the money or document produced but real legal threats require none of these things.
The Dangers of Misused Legal Threats
If you have used a legal threat to harass an opposing party, you may be a target for another lawsuit. Many have been brought by the other parties for malicious prosecution or abuse of process.
Malicious prosecution is a claim against a party who appears in legal proceedings and causes a baseless lawsuit to be brought against another. For a party to prevail on this type of claim, they must prove four things: (1) the defendant brought a prior action, (2) the prior action was decided in the favor of the current plaintiff, (3) the prior action was brought with malice, and (4) the prior action did not have probable cause behind it, meaning the defendant lacked a legitimate reason to have brought that suit. A claim for malicious prosecution is not favorable to plaintiffs because courts are reluctant to permit a plaintiff to present this sort of evidence because it opens the door for juries to receive evidence that is far more prejudicial than probative.
Abuse of process requires the plaintiff to prove the defendant (1) used the legal process against the plaintiff, (2) instituted the process to accomplish a result not warranted by the process, and (3) had an ulterior motive in using the process. An example may include a plaintiff who has received a letter from a defendant’s lawyer, listing a number of complaints that the defendant finds objectionable. The defendant may claim their position is legally justified, but they use the letter to settle an unrelated dispute.
If you have ever had a formal or informal business negotiation occur which involved an exchange of legal threats, you have likely experienced one of the abusive tactics listed below: The demand (ex., cease-and-desist letter, offer of settlement, etc.) is made in ex parte communication, without prior notice to the plaintiff. The action is highly exaggerated, unnecessary, and done with no real intention of following through. The notice is made for leverage or as a means of settlement instead of legitimate legal reason. Likely meritless claims made as a diversionary tactic to distract or intimidate someone into dropping their legitimate claims. The underlying claim has no reasonable chance of success, but the sender hopes that the position is so strong that the receiver will not refuse to deal with them.
When a lawsuit is filed against a party for malicious prosecution or abuse of process, it can add up to several years of litigation. Many partial settlements offered in the litigation of the counterclaim relate to attorney fees that were incurred. However, a successful counterclaim may allow a court to award not just attorney fees, but also punitive damages and claims for emotional distress.
How You Can Protect Yourself from Harassment through Legal Action
When someone uses the threat of or real legal action as a way to harass another party, the harassment can be similar in nature to other forms of harassment that do not have a legal component. The person who is being threatened may have a number of different options for relief, both of which may be effective.
The victim in this situation may want to file criminal charges or even pursue a civil case against the person doing the harassment or the individual’s company. It may also be appropriate to visit with an attorney who can serve a cease and desist letter of demand. This kind of letter tells the offending person or the business to stop the harassment and warns them that further legal action may be taken against them if they do not stop.
Restraining orders are often part of a family law case. This means that a person who has been abused by his or her significant other may get a restraining order against him or her. The same may be true if there is a divorce; if one party is terrified of the other , a restraining order may make sense. A restraining order is a way of letting the offender know that the victim will not tolerate being harassed or threatened by him or her. If the person continues to harass the victim, the victim can contact law enforcement officials to make a complaint for violation of the restraining order. This can lead to a criminal charge against the offender and may lead to further proceedings in the case.
Whether someone uses the threat of legal action to harass a victim or whether he or she actually does pursue the legal action, the victim does not have to put up with the harassment. He or she can pursue the matter through his or her attorney.
Where to Turn for Help If You’re Being Harassed with Legal Threats
Fortunately for those who find themselves targeted by legal threat harassment, there are a number of organizations and resources that offer assistance and support. Among them:
The Cyber Civil Rights Initiative (CCRI): The CCRI provides resources and access to legal advice for victims of so-called "Revenge Porn." According to their website, the CCRI "is an organization dedicated to the prevention and removal of nonconsensual pornography and other cyber exploitation."
The Cyber Civil Rights Legal Project: The CCRLP is a partnership with the University of Miami School of Law that helps victims assess their options and navigate their legal response. There are no costs associated with this service.
The National Network to End Domestic Violence: The NNEDV is an advocacy group that operates virtual services and hotlines for women in crisis and those in domestic violence situations.
The National Domestic Violence Hotline: The NDVH offers both telephonic support and a web-based chat feature for those who are dealing with violence. Spanish speaking support is also available.
LawHelp.org: This site offers sub-pages that can help connect you with local legal assistance based on your specific issue and the State that you live in.
OnLine Buddies: An organization that offers resources for those dealing with online harassment, including "revenge porn" victims, OnLine Buddies also provides a library of links to support organizations around the world.
Legal Services Corporation: These organizations are dedicated to helping low-income individuals with their legal needs. Find your state’s chapter at the LSC site above.
Real-Life Examples: What We Can Learn from Legal Threat Harassment Cases
In 2006, a young woman posted a video and blog entries on her website chronicling her experience exercising to lose weight. She received numerous e-mails supporting her and encouraging her to keep going, but mixing in those supportive e-mails were hateful ones. One e-mail threatened to kill her. The young woman went through the school channels and reported the email to the dean. The dean responded by pressuring her to correct the record and replace these blogs and videos with new ones. The victim reported the harassment to the police, but the police did not have enough information to investigate.
The victim did some prerequisite legal research and then sent a letter to the person who sent the threatening e-mail. The letter was not a defense of her actions or a plea for leniency; it was an offer to for a $2,000 settlement and a non-disclosure agreement. The offender immediately retained a lawyer. The lawyer (whose identity we have protected) responded on behalf of the client, threatening to sue not only the victim but also her family members. It was during this response that the offender’s identity was revealed, and the victim learned that her emails had been forwarded to her friends and family. Even her former teachers received the emails. The victim responded that this is how things go when you threaten to kill me and that she had reported the matter to the police. The offender responded with yet another threat to kill the victim.
Then the victim retained a lawyer , and an analysis of the emails sent by the offender was done. And when the offender received a copy of the analysis, they acquired a second lawyer. The offender’s words damaged the victim’s reputation. Even worse, the offender’s actions threatened her very economic livelihood and the existence of her blog. That’s why a cyber-bully’s threats can be much more damaging because, when online, they can spread much faster and have a broader audience. This can easily spiral out of control if nothing is done to stop it. The school forced the victim to write new blogs and videos. The victim’s plea for help and the fatal flaw in her original attorney’s representation are both good learning tools for attorneys involved in any case like this.
Another example is from 2009, where a woman in Puerto Rico used her computer to access the home of a former boyfriend. She initiated Skype conversations where she threatened physical violence. Even though she didn’t show up at the former boyfriend’s home and she didn’t have a weapon, it is possible that this criminal use made the court even more angry. The woman, who lost her license, pleaded guilty because the judge even suggested jail as a possibility.
The takeaway from this is that consumers should document the evidence and, if possible, not engage or threaten back. Consumers should note that if a threat is made online evidence exists. We recommend agreeing to meet in a public place with law enforcement if the threats persist.