Legal Question in Employment Law in California
I was recently threatened by a co-worker who stated he wanted to "kick my ass". I have all the text that he started sending, and video/audio surveillance of him talking about it to another co-worker. I brought it to the attention of my boss, who for some reason is siding with him. If my co-worker were to as much as touch me what are my options?
2 Answers from Attorneys
Employers have a legal obligation to maintain a safe work environment. If you honestly believe your safety is in jeopardy, document the threat to your boss or someone in higher authority who is in a position to address the issue. If the employee assaults or batters you anyway, call the police immediately and report it.If you are injured, you may have a workers compensation or even a personal injury case against the employer, depending on the facts, as well as against the employee. If the employer retaliates against you for reporting a safety concern, you may have a basis for legal claims against the employer, again, depending on what happens.
Even if you are not physically harm yet you may bring a stress claim because of the threats. Feel free to call me at 213-388-7070 for a free consultation.