Legal Question in Criminal Law in Michigan

physical threats in the workplace

I am a registered nurse that is on call in a small country hospital. Over the last several months I have had a fellow RN rant and rave using expletives in front of several other staff members angry that I had signed up for hours that he wanted. Next interaction with this person, again in front of several witnesses were threats he was going to bash my head in, slamming fist into wall. When communicating with him that it was not appropriate behavior, and upon threatening to call the police if it continued he began laughing stating that the workplace wouldnt do anything about it. In the following two months, after dealing with my workplace am sad to find out that they are not planning to do anything about it secondary to the short staffed situation at work. I feel very uncomfortable being around this person and wondered if it was too late to follow up with a police report and what other legal recourse I may have.


Asked on 11/20/01, 11:56 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: physical threats in the workplace

I'll give you some information that's relevant from my practice (being an assistant prosecuting attorney). But another one of our contributors may be able to help you "from the civil end" re: things that can be done through (or against) your employer to improve your workplace environment. You may have a legitimate cause of action against your employer because of the workplace environment. Even the threat of liability may cause the employer to "finally do something". Talk to a local attorney who handles employment discrimination and civil rights cases.

I see no reason why you cannot still go to your local police/sheriff to report this harassment. It may qualify as "stalking". (See the definition on one of my office's web pages: http://www.co.eaton.mi.us/ecpa/define.htm) Prosecutors will understand that you were patient, and your patience explains the delay. You can talk to your local Prosecuting Attorney. Contact info is available at http://www.michiganprosecutor.org.

Even if a criminal charge is not filed, his conduct may give you the right to apply for a Personal Protection Order, which is an injunction to prevent stalking. Our site has a lot of information about PPOs (http://www.co.eaton.mi.us/ecpa/ppo.htm), including copies of all the forms. You'd be using the Non-Domestic Petition and Order. You'd have to show stalking behavior (a pattern of conduct intended to harass, threaten, etc. you).

Good luck!

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Answered on 12/03/01, 9:34 am


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