Legal Question in Employment Law in New York

Re: Threat

Note that it is GENERALLY ILLEGAL for an employer to RETALIATE against an employee (e.g., by terminating the employee) for complaining to EEOC about a Title VII civil rights law violation of the employee's rights. However, making an insulting, uncivil, offensive remark to a fellow employee (regrdless of whether your supervisor or not), such as "I wish you were dead" might be sufficient to justify any employer's firing of such offending employee. The employer could then argue that this was in no way retaliation for the employee's complaint to EEOC, but instead justified punishment for the use of offensive language against another employee, in this case your supervisor.

Therefore: No, your remark may not amount to a threat in the legal sense of common law assault nor of NY state criminal statutory menacing (i.e.,it would not USUALLY put the addressee of the remark in fear of imminent bodily harm. However, there COULD be SPECIFIC circumstances wherein given a history and context, such remark could be deemed a threat, e.g., if accompanied by violent gestures, etc..)

Nonetheless, the workplace is not an appropriate place to vent feelings, and NY is an employment-at-will state, wherein the employer can fire an employee for no reason at all or for any reason it pleases as long as that reason does not amount to illegal discrimination against a group protected by law or as long as such termination does not violate your employment contract, if any, with your employer, or your employer's Employee manual/ handbook procedures.