Sexual Harassment
Workplace stalking employer duty explained: learn how employers must protect from stalkers, document incidents, and implement a workplace threat safety plan. Find steps to report threats at work, obtain a protective order workplace or restraining order for coworker, and practical employer actions for interim protections, investigations, and enforcement to restore safety and legal compliance today.
Estimated reading time: 19 minutes
Workplace stalking employer duty means employers must take meaningful steps to protect staff from repeated, unwanted attention or harassment that touches the workplace. Workplace stalking is repeated, unwanted attention or harassment—monitoring, following, threats, unwanted communication—occurring in or connected to the workplace. Research shows stalking often follows victims to work and disrupts safety and productivity according to the SPARC-FUTURES workplace stalking fact sheet, and stalking behaviors are common and dangerous, as detailed in the SPARC 2018 stalking fact sheet. This guide explains what workplace stalking looks like, an employer’s responsibilities, how to seek a protective order workplace or a restraining order for coworker, how to report threats at work, and how to build an effective workplace threat safety plan.
Key Takeaways
Workplace stalking includes repeated, unwanted contact, monitoring, or threats connected to the job; it can come from coworkers, supervisors, intimate partners, or outsiders, and it demands an employer response supported by the EEOC’s responsive strategies.
Employers have a legal and ethical duty to assess risk, investigate reports, implement interim protections, prevent recurrence, and accommodate safety needs, as reinforced by HR Acuity research on investigations and the SPARC-FUTURES fact sheet.
Employees can seek a protective order workplace, including a restraining order for coworker, by documenting evidence, filing a petition, and ensuring workplace enforcement with HR/security and, if needed, law enforcement.
If you are in immediate danger, call 911. Otherwise, document incidents, report to your employer, save evidence, and ask for a safety plan and interim protections.
A robust workplace threat safety plan includes risk assessment, confidential reporting channels, security measures, investigation protocols, employee support, law enforcement partnerships, training, and continuous improvement.
Table of Contents
Understanding Workplace Stalking and Threats
Common Behaviors and Red Flags
Who Are the Perpetrators?
Employer Duty to Protect Employees from Stalking
What Employers Must Do Immediately
Policy Language Employers Should Adopt
How to Obtain a Protective Order Workplace or Restraining Order for a Coworker
Evidence You Need
Filing Steps and What to Expect
How to Report Threats at Work
Report Threats at Work: Step-by-Step
Creating a Workplace Threat Safety Plan
Risk Assessment
Security and Communication Measures
Investigation and Documentation Protocol
Employee Support and Post-Incident Care
Collaboration with Law Enforcement and External Partners
Training and Awareness
Testing and Continuous Improvement
What You Should Expect from Your Employer
Conclusion
FAQ
Understanding Workplace Stalking and Threats
Workplace stalking: repeated, unwanted behaviors (phone calls, emails, texts, social media contact, showing up at work, sending gifts, surveillance or cyberstalking) targeted at an employee in relation to their job or workplace. The behavior is persistent, unwanted, and often escalates in frequency or intensity. It also undermines safety, attendance, and productivity, as documented by the SPARC-FUTURES workplace stalking fact sheet and the SPARC 2018 fact sheet.
Common stalking tactics include unwelcome communications, surveillance, and intimidation. Tactics and impacts identified by the DVSN stalking statistics and tactics overview and the Defuse Global workplace stalking guide show that stalking often spills into and disrupts the workplace.
Common Behaviors and Red Flags
Unwanted calls, texts, DMs: Frequent or late-night messages, explicit or implied threats, or “checking in” patterns after being told to stop. Save screenshots with timestamps. If evidence involves digital harassment, strategies from this guide on workplace cyberbullying and online harassment may help you document safely.
Physical approaches at job site: Appearing at the front desk, loitering near entrances, or following the employee to the parking lot after hours. Consider security escorts and adjusted parking assignments.
Surveillance and tracking: Placing GPS devices, tracking via shared apps, or watching schedules via timecards. For privacy and monitoring rules, see this resource on workplace privacy rights and employer monitoring.
Use of company resources: Misusing internal messaging tools, door-access logs, or email for harassment or to gather information.
Cyberstalking and doxxing: Posting personal data, tagging repeatedly, or creating fake accounts to contact the employee across platforms. The SPARC-FUTURES fact sheet and DVSN data outline these tactics and how they escalate.
Signs to watch for:
Sudden, frequent, and unwanted contact about non-work matters.
“Coincidental” appearances near shifts, parking, or commute routes.
Rumors or information leaks suggesting someone is monitoring schedules.
Unwanted gifts or notes left on desks, cars, or mail slots.
Accounts, tags, or posts repeatedly targeting the employee online.
Changes in behavior: anxiety, absenteeism, or reluctance to work certain shifts or locations.
Perpetrators can be coworkers, supervisors, current or former intimate partners, acquaintances, or external individuals, according to the SPARC-FUTURES workplace fact sheet and the Defuse Global overview. Because stalking can be internal (by a coworker) or external (by a partner/ex), employers must respond promptly to protect staff and comply with their obligations—another reason the workplace stalking employer duty matters.
Who Are the Perpetrators?
Stalkers may be:
Internal: coworkers, supervisors, contractors, or vendors with building access.
External: current or former intimate partners, acquaintances, customers, or strangers who learned the victim’s workplace.
Both the SPARC-FUTURES workplace stalking resource and Defuse Global’s guidance note that domestic violence often spills over into the workplace, raising risk for the targeted employee and coworkers. That reality amplifies the employer must protect from stalker imperative—and it underscores the need to understand employer liability for workplace violence and threats.
Employer Duty to Protect Employees from Stalking
Employers have a legal and ethical duty to maintain a safe workplace; that duty covers protecting employees from stalking and threats that occur at or affect work. The EEOC’s risk factors and responsive strategies emphasize proactive assessment, clear policies, effective reporting channels, and prompt intervention when harassment or related misconduct is reported.
Key duties in plain language:
Duty to assess risk: Employers must evaluate threats and risks proactively—including domestic or intimate partner violence that spills into work—consistent with guidance in the Defuse Global workplace stalking guide.
Duty to investigate and intervene: When an employee reports stalking or threats, employers must investigate promptly, impartially, and take reasonable steps to protect the employee, in line with HR Acuity research on investigations and response.
Duty to prevent recurrence: Implement policies, training, and security measures to reduce future risk, consistent with EEOC recommendations.
Duty to accommodate safety needs: Consider schedule changes, remote work, modified reporting lines, security escorts, access control, and parking changes to protect targeted employees.
Concrete employer actions after receiving a report:
Document immediately: Capture who reported, when, where, and what happened; collect the exact language of messages if available and preserve metadata. Guidance on documentation and online misconduct is available in this resource on workplace cyberbullying legal options.
Assess safety risk: If imminent danger exists, call law enforcement. Consider on-the-spot measures such as a security escort.
Offer interim protective measures: Separate parties, adjust work locations or shifts, limit access, and increase visible security.
Open a prompt, impartial investigation: Preserve evidence, interview witnesses, and keep a consistent timeline. For employee rights during internal reviews, see your rights during a workplace investigation.
Implement longer-term adjustments: Adopt a formal workplace threat safety plan, issue no-contact directives, reassign parking, and coordinate with building security.
Communicate outcomes and protections: Share results and safety steps on a need-to-know basis while protecting confidentiality.
These responsibilities and interventions are supported by HR Acuity’s research, the EEOC’s responsive strategies, and the SPARC-FUTURES fact sheet, which address stalking-specific obligations and best practices. Employers should consult counsel on local/state requirements since obligations and enforcement mechanisms vary.
What Employers Must Do Immediately
Secure the scene: If the stalker is onsite, alert security and call 911 for imminent threats.
Stabilize the target’s workday: Offer a safe workspace, escort to transport, or temporary remote work.
Preserve evidence: Lock down CCTV, access logs, and emails; coordinate with IT to save relevant data.
Limit access: Restrict badges, disable shared calendars or directories, and instruct reception regarding the stalker.
Communicate: Provide the employee with a point-of-contact, explain interim protections, and schedule check-ins.
Policy Language Employers Should Adopt
“No-contact rule: Employees are prohibited from contacting specified individuals at work, via company systems, or on company time when a valid complaint or protective order is in place.”
“Reporting protocol: Employees should report stalking or threats to [designated role/email/phone] and may request confidentiality.”
“Investigation timeline: Reports will be acknowledged within 24 hours and investigated within X business days.”
“Safety accommodation clause: The company will consider safety-based accommodations, including schedule changes, remote work, and security escorts.”
To prevent escalation, review broader anti-harassment obligations outlined in this primer on workplace harassment legal support and employee protections. These frameworks align with the EEOC guidance on risk factors and responsive strategies.
How to Obtain a Protective Order Workplace or Restraining Order for a Coworker
Protective order (also called an order of protection): a court-issued directive that prohibits a named person from contacting or approaching the protected person; it can specify distance limits, no-contact rules, and workplace provisions.
Restraining order for coworker: a form of protective order that may be sought when the respondent is a coworker; it can include workplace-specific terms (e.g., stay away from office, no contact at workplace events).
These protections and their workplace significance are described in the SPARC-FUTURES workplace stalking fact sheet and Defuse Global’s workplace stalking overview.
Evidence You Need
Copies/screenshots of unwanted texts, emails, social media messages (with timestamps and sender info): demonstrates pattern and frequency.
Photographs or video: the stalker at or near the workplace, vehicles observed, or items left; corroborates presence.
Witness statements: names, contact details, and short descriptions of what the witness observed.
Incident log: date, time, location, a concise description, and any witnesses for each incident; this shows continuity and escalation.
Medical or counseling records: if applicable, to show impact; maintain privacy as appropriate.
Security footage/access logs: ask the employer to preserve and provide relevant records.
Documentation and evidence preservation are consistently recommended by Defuse Global’s stalking guidance. If you plan to record conversations as evidence, first review state consent rules and workplace policies explained in this guide on recording workplace conversations legally.
Filing Steps and What to Expect
Find the right forms: Contact your local courthouse or family/municipal court clerk to identify the correct protective/restraining order form.
Prepare a sworn affidavit: State the facts chronologically and attach evidence (incident log and exhibits). Be specific about workplace incidents.
File the petition: Many states offer emergency temporary orders ex parte (same-day) when immediate danger exists.
Serve the respondent: Use the sheriff or a licensed process server according to local rules.
Attend the hearing: Present your evidence. The judge may issue a longer-term order with workplace-specific provisions.
Distribute certified copies: Provide certified copies to HR and security so the order can be enforced on company property.
The employer’s role in facilitating enforcement—such as access control changes and no-contact directives—is highlighted in the SPARC-FUTURES fact sheet and Defuse Global’s overview.
How protective orders are enforced at work:
Access control: Deactivate badges; add the subject to a “do-not-admit” list; alert reception and front-desk staff.
Security monitoring: Share the respondent’s photo with security; adjust patrols; preserve CCTV.
Operational changes: Shift locations, parking, and schedules to minimize risk and exposure.
Law enforcement coordination: If the respondent appears or violates the order, call 911, document, and provide evidence to police and HR. For practical guidance, see Defuse Global’s enforcement recommendations.
This is general information—not legal advice. Laws differ by state; consult a lawyer, legal aid, or your local court clerk for jurisdiction-specific steps. For broader safety and policy context related to threats, see this guide on workplace violence employer liability and employee rights.
How to Report Threats at Work
If you or others are in immediate danger, call 911. If safe, move to a secure area and follow your company’s reporting protocol. Both Defuse Global and the SPARC-FUTURES workplace fact sheet encourage reporting stalking to your employer and, when appropriate, to law enforcement.
Report Threats at Work: Step-by-Step
Preserve safety: Remove yourself from proximity to the stalker; ask for security or a trusted coworker to accompany you.
Notify the employer: Contact your supervisor, HR, or the designated security contact with the date/time and details of the incident.
Document in writing: If you reported verbally, follow up by email summarizing what happened and asking for an acknowledgment of receipt.
Save evidence: Keep screenshots, voicemails, and notes of interactions. For hostile conduct that creates a toxic environment, practical filing steps are outlined in this resource on reporting a hostile work environment.
Report to law enforcement: If threats are criminal (e.g., stalking, assault, trespass) or if your employer instructs you to do so, make a police report and retain the report number.
What employers should do after a report (clear, time-bound actions):
Acknowledge receipt quickly (ideally within 24 hours).
Document and preserve evidence (CCTV, access logs, emails).
Assess immediate risk and call law enforcement if necessary.
Offer interim protections: schedule/location changes, escorts, or remote work.
Open an investigation and share next steps confidentially with the reporting employee.
Document all actions and decisions for accountability and follow-up.
These expectations align with HR Acuity’s research on employer response and investigations and the EEOC’s guidance on responsive strategies. Employers should also guard against retaliation and protect the employee’s privacy to the extent possible.
Creating a Workplace Threat Safety Plan
A workplace threat safety plan is a written, actionable strategy describing how the employer will prevent, detect, respond to, and recover from threats, stalking, or violent incidents connected to work. The need for structured planning and actionable steps is emphasized in the SPARC-FUTURES factor sheet for workplaces and Defuse Global’s workplace stalking guidance.
Risk Assessment
Initial scan: List known threats or stalking concerns; identify high-risk employees, entry points, parking areas, and remote/hybrid risks.
Frequency: Conduct assessments quarterly and after any reported incident.
Tools and data: Review incident logs, badge/access reports, and CCTV footage.
Authority to act: Empower a cross-functional team (HR, security, legal) to implement mitigation steps quickly.
Risk assessment is a core recommendation in the SPARC-FUTURES workplace resource.
Security and Communication Measures
Confidential reporting: Create designated email/hotline/safety app channels.
Notification trees: Define who is notified when a report arrives and within what timeframe; include backups.
Physical security: Tighten badge access, visitor check-in, parking reassignment, and front-desk alerts; offer security escorts and, when needed, temporary desk/office relocation.
Evidence preservation: Immediately preserve CCTV and access logs when any stalking report is filed.
Staff alerts: Use need-to-know internal alerts that protect confidentiality while guiding safety actions.
Investigation and Documentation Protocol
Standard steps: Intake and risk triage, evidence preservation, witness interviews, interim protections, and corrective action documentation.
Sample timeline: Day 0 acknowledge, Day 1–3 initial assessment, Day 3–10 investigation, Day 10 decision/mitigation (adjust to legal requirements).
Records retention: Keep a secure case file with all actions, decisions, and communications.
Investigation best practices and documentation standards are detailed in HR Acuity’s research. For general privacy and monitoring boundaries during investigations and security reviews, see this guide to workplace privacy and monitoring.
Employee Support and Post-Incident Care
Support resources: Provide access to mental health services, Employee Assistance Programs (EAP), and time off when needed.
Well-being follow-up: Schedule regular check-ins; adjust the plan as circumstances change.
Why it matters: Stalking and harassment can have long-term mental health consequences. See the clinical overview on sustained impacts in the National Library of Medicine’s review of harassment and mental health and the practical look at long-term effects by WorkShield.
Collaboration with Law Enforcement and External Partners
Law enforcement: Establish contact points, clarify when to notify police, and practice how to share evidence quickly.
External partners: Identify community victim advocacy organizations, building security, and legal counsel to contact during escalations.
Protective orders: Create a process to receive, verify, and operationalize orders in the workplace.
Both the SPARC-FUTURES workplace guidance and Defuse Global recommend proactive collaboration to strengthen safety.
Training and Awareness
Content: Recognizing stalking behaviors, reporting steps, manager response training, and bystander intervention strategies.
Cadence: New hire training, annual refreshers, and role-based manager training.
Alignment: Ensure training materials reflect EEOC-responsive strategies and risk-factor guidance.
Testing and Continuous Improvement
Tabletop exercises: Practice scenarios (internal coworker, external intimate partner) and test your notification tree and security responses.
After-action reviews: Document lessons learned after any incident and update the plan, policies, and training accordingly.
Practical checklist items to include in your safety plan toolkit:
Incident log format and example fields (Date, Time, Location, Description, Witnesses).
Reporting contact list and notification tree.
Emergency response list (when to call security vs. 911).
Menu of interim protective measures (no-contact directives, escorts, schedule changes, remote work options).
Short policy paragraphs addressing no-contact rules, reporting protocol, investigation timelines, and accommodations.
Training schedule and attendance tracker.
When employers adopt a structured safety plan and act quickly, they better satisfy the workplace stalking employer duty and reduce legal exposure. For additional context on employer obligations when threats escalate, review workplace violence employer liability and reporting duties.
What You Should Expect from Your Employer
Reasonable expectations after reporting stalking or obtaining a protective order:
Prompt acknowledgment and documentation of your report.
A written, tailored safety plan and regular check-ins to assess effectiveness.
Enforcement of protective orders at work: access control changes, front-desk alerts, and evidence preservation.
Anti-retaliation protections and confidentiality to the extent possible.
Red flags of inadequate employer response include: delayed acknowledgment, failure to preserve evidence, no interim protections, dismissive responses, or retaliation for reporting. In such cases, escalate internally, consider filing external complaints, or consult counsel. The EEOC’s responsive strategies and the SPARC-FUTURES workplace fact sheet make clear that employers must protect from stalker behavior that affects employees at work. For step-by-step reporting tips, see this practical guide to reporting hostile conduct and preserving your claim.
Where cyber-harassment or online tracking is part of the pattern, review specialized strategies for handling workplace cyberbullying and digital harassment. If a formal investigation begins, understand your rights during a workplace investigation and any limits on monitoring or surveillance under workplace privacy rules.
Conclusion
Employers have a clear workplace stalking employer duty to protect employees from stalking and related threats. Employees have powerful options—reporting, seeking a protective order workplace (including a restraining order for coworker), and advocating for a workplace threat safety plan—to restore safety and stability at work.
Next steps: If you are in immediate danger, call 911. If you are experiencing stalking related to work, preserve and organize evidence, report threats at work to your employer and, when appropriate, to police, and consider filing for a protective order. Employers should review policies, conduct a fresh risk assessment, and operationalize a safety plan aligned with the EEOC’s responsive strategies, SPARC-FUTURES, and Defuse Global.
For more context and data-driven recommendations, consult the SPARC-FUTURES workplace stalking fact sheet, Defuse Global’s overview, EEOC harassment risk factors and responsive strategies, HR Acuity’s investigation research, the DVSN stalking tactics and impacts summary, the National Library of Medicine review on mental health impacts, WorkShield’s article on long-term effects, and the foundational SPARC 2018 fact sheet.
This post provides general information and is not legal advice. Laws and procedures vary by state and country. Consult local law enforcement, your courthouse, or an attorney for legal guidance.
Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.
FAQ
What counts as workplace stalking?
Workplace stalking is repeated, unwanted attention or harassment—calls, texts, emails, social media messages, surveillance, following, or threats—connected to the workplace. It may include doxxing, misusing company systems to monitor you, or showing up at your job site. The SPARC-FUTURES workplace fact sheet and DVSN’s stalking tactics outline common behaviors and red flags.
What is my employer’s duty if I report stalking?
Employers must act promptly: document your report, assess safety risk, preserve evidence, offer interim protections (e.g., schedule changes, escorts, remote work), and investigate impartially. They must also work to prevent recurrence through policies, training, and security measures. These steps align with EEOC responsive strategies, HR Acuity’s research, and the SPARC-FUTURES guidance.
How do I get a protective order for workplace stalking?
Gather evidence (screenshots, incident log, witness statements), file a petition with your local court, and request emergency protection if you’re in immediate danger. After service, attend a hearing where the judge can issue a longer order with workplace terms. Provide certified copies to HR and security so they can enforce no-contact and access restrictions. See the SPARC-FUTURES fact sheet and Defuse Global guide for details.
What should I do if I’m in immediate danger at work?
Call 911, move to a secure area, and alert your employer’s security or designated contact. If safe, document what happened and report it to your supervisor or HR as soon as possible. Both Defuse Global and the SPARC-FUTURES workplace guidance support rapid reporting to employers and, when appropriate, law enforcement.
What should a workplace threat safety plan include?
Include risk assessment, confidential reporting channels, security and access control measures, investigation and documentation protocols, employee support, coordination with law enforcement and external partners, training, and continuous improvement. These elements are supported by SPARC-FUTURES, Defuse Global, the EEOC, and HR Acuity.
Can my employer monitor me or record me as part of safety measures?
Employers often use CCTV, access logs, and visitor systems to protect facilities, but monitoring has legal and policy limits. Before capturing your own recordings for evidence, review consent laws and company policies. See this guide on workplace privacy and monitoring rights and the practical analysis of recording conversations at work.
Two example scenarios and practical steps
Coworker stalker scenario: A colleague repeatedly messages you after hours, appears at your workstation uninvited, and leaves notes on your car.
Save screenshots and voicemails; start an incident log.
Report to HR/security with dates, times, and evidence; request interim protections like schedule or seating changes.
Ask the employer to issue a no-contact directive and preserve CCTV and access logs.
If conduct escalates, consider filing for a restraining order for coworker and share certified copies with HR/security.
External intimate partner scenario: An ex-partner waits in the parking lot, floods your personal and work accounts with messages, and tries to enter the building.
Call 911 if the person appears; alert reception/security with a photo if available.
Document all incidents, preserve messages, and report to the employer for a safety plan.
Seek a protective order with workplace provisions; give certified copies to HR/security.
Coordinate with law enforcement on violations and ask the employer to enforce access restrictions and escorts.
