Legal Question in Employment Law in California
My father in law works at a restaurant in Olvera Street and he was recently threaten with a gun by the son of a vendor. When he went to the police dept they referred him to the city because Olvera Street is city property. Unfortunately the city said they weren't able to assist him because the mother of the man who threaten his life owns the majority of shops there. My father in law is the only provider for his family and he is extremely fearful for his life. All this ordeal has created a very hostile work environment for him and has made him physically ill. What can be done? Or who should he speak to for help? Also his English is very limited. Please help. Thank you.
2 Answers from Attorneys
An employer has a duty to protect its employees from unsafe work conditions, including threats from third parties. You imply the threat took place in the work environment during working hours, or at least in the vicinity of the restaurant. Your father should place his employer on notice that the vendor's son is dangerous and armed, not only for his own safety, but the safety of others. It is illegal to own a firearm in L.A. without a permit, and the police should proceed on that basis alone. Assault with an dangerous weapon is also a major crime. Your father should not be satisfied with the answer he received, but should press the police supervisor to take action, and possibly contact his city councilman (or councilwoman) to complain of policy laxity. He should document in writing his efforts to get the police to respond, and he should demand that a police report be made of his complaint. http://www.employee-rights-atty.com
The police take gun threats very seriously. Your father needs to go to the police department and report this issue. He may need to be aggressive about it. If the desk officer won't take the complaint, he needs to go up the chain of command until he finds someone that will.
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