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| *Ostroff, Fair and Company>>>Law & Legal |
Legal Q: I was verbally threatened with bodily harm by my boss today at work many times.What can I legally do? |
I just started this job a few weeks ago and am very good at what I do. (Sheet metal fabrication) When asking my supervisor a question about a job, he basically went ballistic, getting in my face and telling me over and over that he is going to beat my ***, with multiple witnesses present (at one point, the Human Resources lady even witnessed this in her office). In my opinion, he cracked under production pressure because he has only been a boss for about a month total from what I understand. Regardless, I have a feeling the company is not interested in addressing the issue any further. I, however, am interested. Thanks in advance for your input. There is, sadly, no law against abusive bosses. So far as I can tell, he did not make good on his treats to cause you harm, nor did he discriminate against you, sexually harass you, or physicall assault you in any way. Legally, bosses are permitted to behave like screaming, ranting maniacs. They can curse, threaten, throw things (as long as they don't hit anyone), belittle, make personally insulting remarks, and so on. What they cannot do is single out one employee for especially good or bad treatment based on age, race, gender, sexual orientation, religion, and so on. They also cannot attempt to coerce an employee into an intimate relationship by means of promising or withholding items such as good or bad appraisals, pay increases/decreases, promotions/demotions, and so on. This boss is guilty of appallingly poor management, but not of anything illegal - at least, not yet. Whatever you do, dont lose YOUR cool. Keep reporting him to the HR and keep a diary of these outbursts and your reports of them to HR. This is what is called working in a "hostile environment". You should not have to put up with it. I am not saying they wont fire you for some other reason, but with documentation, if they fire you, you will have reason to collect unemployment. if you wish to pursue it as a lawsuit, try verbal assault, you DO have a witness ;]. but if you do not wish to pursue it, and my own personal advise here, let him be. He's trying to get into the daily grind and he's under a lot of stress. You need to have witnesses, but he's threatening you. You can probably sue the company. But don't let anyone know you are bothered, and take an mp3 player or something small in your pocked around, until he does it again, and hit record, then sue the hell out of them. You have witness, so get it recorded. If not, and the witnesses are willing to testify, bring about a lawsuit if you can. I would suggest contacting a lawyer to see what you can do. Legally , the attorney will cost you 10 X what you could ever collect , if you won . You have to prove damages (injury) and the claim is based on that . Since you have no injuries yet , the attorney will require you to pay upfront because he knows any settlement would be minuscule . Go back to HR and ask them if they have a solution . Allowing workplace hostility / possible violence is a huge liability for them . Possibly they would put him in anger management or if the company is large enough , transfer you to another station . You as the lower ranking employee would be the one to be transferred it that option came up . Good Luck ! > First of all talk to the Human Resources lady first. If she refuses to do anything about it go to your local police station but try and convince some of the witness to go with you. If it comes down to it you may want to start looking for another job and then turn in your two week notice once you have one You have a great case, because you have witnesses. Don't be shy. Go to see a lawyer specializing in workplace harassment. It would be a better case if you got sick. Afraid to go back to work.Need to see a psychiatrist. Can't stop crying The lawyer will not charge you for the consultation. He will tell you how strong(or weak) your case is. The lawyer, if he takes the case, will sue the employer and the individual who threatened you. The lawyer will not charge you for his services. Instead, he will take his fee(usually 33%) when the case is settled. |
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