Criminal Framework

Section summaryTexas §42.072 applies to stalking conduct directed at the workplace. Repeated visits, phone calls, deliveries, and surveillance at the workplace count toward course of conduct. The fear and reasonable-person elements apply in the workplace context.

Workplace stalking elements:

  • Course of conduct: more than one occasion, same scheme — repeated workplace visits, calls, or deliveries qualify.
  • Knowledge: actor knows or reasonably believes the conduct will be regarded as threatening.
  • Fear of bodily injury: actual fear caused by the victim; reasonable-person standard considers the workplace context.
  • Property and family: threats to property at work or to family members visiting the workplace also count.
  • Enhancements: prior stalking conviction enhances to 2nd-degree felony; family-violence finding enhances penalties.

Title VII

Section summaryTitle VII reaches gender-based stalking that creates a hostile work environment. Employer liability depends on whether the harasser is a supervisor or a co-worker, and whether the employer knew or should have known.

Title VII analysis:

  • Hostile work environment: stalking sufficiently severe or pervasive to alter terms and conditions of employment.
  • Gender motivation: required for Title VII coverage; non-gender stalking may not qualify.
  • Supervisor liability: employer is liable for supervisor harassment unless the Faragher/Ellerth defense applies.
  • Co-worker liability: employer is liable if it knew or should have known and failed to take prompt corrective action.
  • Third-party harassment: employer liability for non-employee harassment of employees follows similar negligence framework.
  • Filing: EEOC charge required before private suit; 180 or 300 days depending on whether a state agency exists.

FMLA Leave

Section summaryFMLA provides up to 12 weeks of unpaid job-protected leave for serious health conditions. Stalking-induced anxiety, depression, and PTSD can qualify. The Family Violence Leave Act adds state protections in some jurisdictions.

FMLA mechanics:

  • Eligibility: 12 months of employment, 1,250 hours worked, employer with 50+ employees within 75 miles.
  • Qualifying condition: serious health condition documented by healthcare provider.
  • Documentation: HCP certification, fitness-for-duty certification on return.
  • Job protection: same or equivalent position on return.
  • Intermittent leave: available for treatment and recovery; covers court appearances and counseling.
  • State-law overlay: some states require additional leave for crime-victim and domestic-violence purposes; Texas does not have a separate state-mandated leave for this purpose, but employer policies and ADA reasonable-accommodation analysis can extend protection.

OSHA Obligations

Section summaryOSHA's General Duty Clause requires employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm. Workplace violence including stalking falls within recognized hazards employers must address.

OSHA framework:

  • General Duty Clause: 29 USC 654 requires employers to address recognized hazards.
  • Workplace violence programs: OSHA recommends written workplace-violence prevention programs covering threat assessment, response, and prevention.
  • Industry-specific standards: healthcare, social services, late-night retail, and transportation have specific guidance.
  • Reporting: workplace-violence incidents involving injury or death must be reported under OSHA recordkeeping rules.
  • Enforcement: General Duty Clause citations for failure to address known stalking threats have been issued.
  • Employer steps: threat assessments, building security, escort programs, and coordination with law enforcement.

Restraining Orders

Section summaryTexas restraining orders include criminal-case bond conditions, civil family-violence protective orders, and stalking-specific protective orders. Workplace protective orders can be sought by employers in some jurisdictions.

Order options:

  • Criminal bond conditions: imposed at arrest; CCP art. 17.292 EPO; no-contact orders.
  • Family-violence protective order: Family Code Title 4; available even without criminal case.
  • Stalking protective order: standalone civil order in some jurisdictions.
  • Workplace-specific carve-outs: orders can prohibit entry to the workplace, contact at work, and contact with co-workers.
  • Service and enforcement: served on respondent; violations are criminal contempt and may produce new charges.
  • Coordination with employer: employer can post photo at security desk, brief security staff, and adjust access protocols.

Witness Statements and Documentation

Section summaryCo-worker witness statements and employer documentation are central in both criminal and civil cases. Contemporaneous logs of incidents, security-camera footage, and supervisor reports build the timeline.

Documentation practices:

  • Incident logs: dated entries with what happened, who witnessed, and what action was taken.
  • Co-worker statements: contemporaneous written statements with date, time, and description.
  • Security footage: preservation requests to employer's security team to retain footage beyond standard retention.
  • Supervisor reports: HR file documentation, threat-assessment-team notes.
  • Communication records: emails, voicemails, and message screenshots saved with metadata.
  • Police reports: contemporaneous police reports establish the timeline and demonstrate seriousness.
  • Medical records: documenting injuries, PTSD, anxiety, and treatment supports FMLA and civil damages.

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Workplace Stalking Statutory Overlap

Workplace stalking involves stalking conduct occurring in or relating to the complainant's workplace. The conduct may implicate multiple statutes: Texas Penal Code §42.072 (general stalking), §42.07 (harassment), federal civil-rights statutes (Title VII, ADA), state employment laws, and OSHA workplace-violence requirements.

The intersecting statutes produce different defense considerations. Criminal charges focus on whether the conduct constitutes stalking under the specific elements. Civil claims focus on whether the conduct violated employment law. Administrative claims focus on whether workplace-safety obligations were breached.

Defense workflow includes examining all potential proceedings. Statements made in one forum can be used in others. Discovery in one forum can be obtained for others. Coordination across all proceedings is essential.

Workplace Evidence Issues

Workplace stalking cases often involve unique evidence sources. Employer surveillance video, building access records, email and instant-message logs, badge swipes, and HR documentation can each support or undermine the State's case. Defense workflow includes obtaining all available workplace records.

The employer's role in the case affects evidence availability. Where the employer cooperates with prosecution, records are typically produced through normal subpoena processes. Where the employer is neutral or resists, court orders may be required.

The defendant's own employer also has relevant records. The defendant's own work schedule, location records, and communications can establish whether the alleged stalking conduct occurred as the State claims. Defense workflow obtains the defendant's own workplace records.

Employer-issued devices and accounts create access-authority questions. The employer typically has authority over its own systems and accounts, but the employee's specific authority varies by role. Where the State alleges unauthorized access to employer systems, the analysis turns on the employee's specific authorization scope.

Workplace Protective Orders

Texas Code of Criminal Procedure Chapter 7B authorizes protective orders for stalking, including workplace settings. The orders can restrict the respondent from the complainant's workplace, restrict communication, and impose other conditions affecting the workplace.

The protective order's restrictions may affect the respondent's own employment. Where the respondent works at the same workplace, the order may effectively foreclose the respondent's employment. Defense workflow examines the employment implications and develops responses.

The employer also has independent authority to address workplace stalking through its own policies. Termination, reassignment, no-contact directives, and other workplace responses may occur independently of the protective order. Defense workflow examines the employer's actions and addresses each.

For respondents who lose their employment due to workplace stalking allegations, additional considerations include unemployment compensation eligibility (depending on the reasons for termination), professional licensure implications (where applicable), and references for future employment. Defense workflow addresses each implication.

Parallel Civil Employment Claims

Workplace stalking allegations often produce civil employment claims. The complainant may sue under Title VII for sexual harassment (where the conduct involves a sexual component), under Texas Commission on Human Rights Act provisions, or under common-law claims for intentional infliction of emotional distress.

The civil claims have different elements and standards than the criminal case. Title VII requires conduct severe or pervasive enough to alter terms and conditions of employment. Common-law claims require conduct exceeding all bounds of decency. The standards may not be met by conduct that supports criminal charges.

Defense workflow examines each civil claim separately. Where the civil claim has stronger elements than the criminal case, the civil case may be the more significant exposure. Where the criminal case is stronger, the civil case may follow. Coordination across forums is essential.

Settlement of the civil case may include conditions affecting the criminal case. Provisions about cooperation with prosecution, admissions about conduct, and public statements all have criminal implications. Counsel should examine settlement terms carefully.

The employer policies and the parallel civil framework

The employer policies in workplace stalking cases provide additional procedural and substantive frameworks beyond the criminal law. The parallel civil framework can include various employment-based remedies including retaliation claims, hostile workplace claims, and various other theories. The defense should coordinate responses across the criminal and civil frameworks to address the cumulative implications.

The employer cooperation framework and the practical implementation

The employer cooperation framework affects how workplace stalking cases proceed including potential employer involvement in investigation and response. The practical implementation includes various accommodations and workplace arrangements that may affect the parties. The defense should engage with the employer framework and should support workplace responses that address safety concerns while protecting the parties professional interests.

Comprehensive practice integration framework

The comprehensive practice integration framework for workplace stalking texas matters addresses how the various legal and practical elements interact in real-world case management. Practitioners should develop integrated strategies that account for substantive elements, procedural protections, evidentiary considerations, and the broader implications across criminal, regulatory, and civil dimensions. The integration framework supports effective representation that addresses the full range of considerations rather than focusing narrowly on isolated elements. Counsel should engage with each relevant dimension and should develop strategic plans that produce optimal outcomes across the comprehensive set of considerations applicable to the specific case context and the client priorities.

Frequently Asked Questions

Can workplace stalking be prosecuted if it never gets physical?
Yes. Texas §42.072 does not require physical contact. Repeated visits, phone calls, deliveries, surveillance, and threatening communications can constitute stalking when the elements are met. Workplace stalking often involves no physical contact but produces serious fear and operational disruption.
Does an employer have to accommodate a stalking victim?
It depends on the source of the obligation. ADA reasonable-accommodation analysis applies if the stalking caused a qualifying disability. Title VII may require remedial action if the stalking is gender-motivated. FMLA leave is available for serious health conditions. OSHA's General Duty Clause requires the employer to address recognized workplace-violence hazards. There is no single workplace-stalking accommodation statute in Texas, but several federal frameworks can apply.
Can a co-worker be charged for workplace stalking?
Yes. The criminal statute does not distinguish based on whether the actor is a co-worker, ex-employee, customer, or stranger. The same elements apply. Employer-internal discipline (termination, reassignment) is a separate parallel track to criminal prosecution.
What should an employee do if a current co-worker is stalking them?
Report to HR or management in writing, preserving the report; document specific incidents with dates and witnesses; preserve communications; consider law-enforcement report; consult counsel about protective-order options; and request workplace-safety measures (reassignment, security escort, access controls). Counsel can navigate the criminal report, protective order, and employment-law claims simultaneously.
Does FMLA leave apply to court appearances and counseling?
Intermittent FMLA leave can cover treatment for the serious health condition, which may include therapy appointments. FMLA does not specifically cover court appearances, but employer policies and Texas Code Annotated provisions on crime-victim leave (where applicable) may. ADA reasonable accommodation can also produce schedule modifications.
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Reggie London & Njeri London

Co-Founding Partners · L&L Law Group, PLLC

Reggie London (Tex. Bar #24043514) and Njeri London (Tex. Bar #24043266) co-founded L&L Law Group in Frisco, Texas.

This guide was reviewed by Reggie London on May 30, 2026.

Cite this guide

Bluebook: Reggie London & Njeri London, Workplace Stalking in Texas, L&L Law Group (May 30, 2026), https://landllawgroup.com/insights/workplace-stalking-texas/.

APA: London, R., & London, N. (2026, May 30). Workplace Stalking in Texas. L&L Law Group.