Legal Question in Employment Law in California
Threats at work
An fellow employee told my boss he would have punched me if I had been at work on a friday, last month. My boss told me about it and I said I was uncomfortable about it. My boss said well stay away from his customers then. The problem is the customer he was talking about we share. we had another cross over last week and my boss called me in his office and said he had talked to him again and he said ''if this happens again I won't be respondsible for my behavior.'' I'm 53 he's 33 and buff, I'm concerned about my health. I leave the office when he comes in and try to work there when he's not there. Other employees have told me don't be alone with him! I can't go to the boss obviously but need some protection or recourse if I get hurt. What are my legal rights?
2 Answers from Attorneys
Re: Threats at work
file a police report. those threats are a crime.
Re: Threats at work
The employer has an affirmative obligation to provide a workplace free of violence. The employer MUST act on your complaint. Make a written complaint and provide enough information to allow the employer to investigate. Demand that the employer resolve the matter by discipline, including termination if needed. If you are injured, the employer will be subject to additional penalties in a workers' compensation case - but more emphasis should be placed on prevention. You can file a complaint with the California Department of Occupational Safety for the Employer's failure to remedy the situation
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