Legal Question in Employment Law in California

Verbal death threat made by an employee

I am a team leader for a county position. I have had to reprimand an employee. This employee made comments to other employees regarding killing everyone he works with when he retires. His actions were documented and reported. The sheriff's dept. took a report and the employee was placed on two weeks PAID administrative leave. The interviewing deputy made a determination that the threats were unfounded. The county did not conduct any further investigations. This employee stated in the report that he would like to he a ''hit-man'' and he has a carry and conceal permit. He continues to make comments to fellow employees that he will do whatever it takes to have me, his team leader, fired. Did the county perform due dilegence in dealing with this employee and what process can I take to protect myself and my family?


Asked on 7/22/08, 11:34 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Verbal death threat made by an employee

Hello, and I am sorry about this situation.

The employer has a duty to conduct proper and prompt investigation of the incident and issue it's findings of fact and respective decisions in light of those facts.

It sounds like the employee got off easy. I believe the best thing you can do at this point is document this event very well (so that you follow the progressive discipline procedures that I am sure your county has), report the entire story to your own superiors, reprimand the employee in writing, and issue a formal warning that he will be put on longer suspension or will be terminated if similar conduct occurs in the future.

Thanks,

Arkady Itkin

California Employment Attorney

San Francsico / San Jose / Sacramento

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Answered on 7/22/08, 2:25 pm


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