Legal Question in Personal Injury in Arizona

I am a night manager at a grocery store. For 6 years I have been asking my managers to let me step down to a stocking position so I wont have be in charge of the night crew who are of questionable character, paranoid and confrontational. I now have one of them who has made threats against me and other management and he may possibly be getting fired in the next week. I am now in the position of having this guy try to attack me at some point because he sees me as his biggest enemy (because I am the one who has to deal with him and reprimand him the most). If he assaults me or vandalizes my car/home is there any legal action I can take against my employer for not allowing me to step down from this dangerous situation? I have asked every manager in the store if I could step down dozens of times so I could just work by myself without being responsible for these individuals.


Asked on 4/22/11, 2:38 am

1 Answer from Attorneys

Yuri B. Nielsen, Esq. The Nielsen Law Firm, P.L.L.C.

The first thing you want to make sure that you have done or are doing is to make sure that your attempts to address this issue with your employer are being documented and there is a verifiable paper trail that supports the fact that your employer had been put on notice regarding your concerns on numerous occasions giving them an opportunity to take some sort of corrective measures to ensure a reasonably safe and unhostile work environment for their employees. The more evidence you have to support the reasons that you have concerns for your safety, the more traction you are going to get with your employer prior to any real hostile actions have been taken towards you. If you have been threatened or there have been other instances in the past of hostile conduct towards you that have not been addressed you need to get witness statements from anyone who will support your side of the story and if your employer still ignores you then you need to go over your supervisors head as far as you can go until someone listens to your concerns and takes steps to ensure that you are not being put in harms way simply by performing your job duties. You want to document everything in writing and ask for written responses from any supervisors you speak to about this issue. If the threat is really imminent and you believe that you are going to be the victim of violence etc. you may even want to report these issues to the police and go as far as to seek a restraining order so that you do not suffer physical harm or damage to property. If there is a clear record and supporting evidence of your attempts to address this issue with the employer and they do not take reasonable steps to avoid an harm and provide a safe work environment then you will potentially have claims for any damages you suffer due to negligence among other potential avenues of recovery, but do everything possible to avoid a situation that goes that far.

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Answered on 4/22/11, 3:16 am


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