Feeling threatened at work is a serious issue that no one should have to endure. The workplace should be a safe environment where employees feel valued and protected. However, the unfortunate reality is that some individuals may experience threatening behavior from those around.
This can be from a co worker, supervisors, or even customers. This kind of behavior falls under workplace bullying and is a serious crime according to criminal law.
Our professional attorneys know the attorney client relationship and understand how devastating such incidents can be. Therefore, we will explore what constitutes threatening behavior, what actions to take if you are threatened and our legal rights.
We will also discuss the possibility of suing for being threatened at work. Remember, harassing behavior from anyone is not acceptable.
Understanding Threatening Behavior in the Workplace
Threatening behavior can take many forms, ranging from verbal threats to physical intimidation. It includes any action that makes a reasonable person feel unsafe or afraid for their well-being. Common examples of threatening behavior in the workplace include:
- Verbal threats of violence
- Intimidating gestures or actions
- Harassment or bullying
- Stalking or constant surveillance
- Offensive conduct that creates a hostile work environment
Threatening behavior does not include physical actions only. Verbal threats, even without physical harm, can create a toxic workplace and significantly impact an employee’s mental health and productivity. People still deal with these issues in their workplace although these issues are listed as major infractions in the employment contract and are an unwelcome conduct.
What to Do If Someone Threatens You at Work
Harassment at a workplace can be from a particular group or the general company culture, building a toxic environment. If you find yourself in a situation where you feel threatened at work, it is essential to take immediate action to protect yourself and document the incident. Here are steps to follow:
- Report the Threat: Notify your supervisor, human resources, or any other appropriate authority within your organization. It is crucial to report the threat in writing, detailing the nature of the threat, the person involved, and any witnesses.
- Document Everything: Keep a detailed record of all incidents, including dates, times, locations, and descriptions of the threatening behavior. This documentation will be valuable if you decide to pursue legal action.
- File a Police Report: If you feel that your safety is at risk, do not hesitate to contact the police and file a report. A police report can serve as critical evidence in any legal proceedings.
- Seek Support: Reach out to colleagues, friends, or family members for support. If necessary, seek professional help from a counselor or therapist to cope with the emotional impact of the threat.
- Consult an Attorney: If the threat continues or if your employer does not take appropriate action, it may be time to consult an attorney specializing in employment law. They can provide guidance on your legal options and help you understand your rights.
Legal Rights and Protections
Independent contractors, coprorate companies may be some common spots of toxic workplaces where sexual advances and offensive comments are be common. We often see employees sharing stories through their social handles and reddit account. This only goes to show that even non employees take a serious toll from such behaviors
Under federal and state laws, employees have the right to work in an environment free from harassment and threats. Several laws protect employees from threatening behavior in the workplace:
- Title VII of the Civil Rights Act of 1964: This federal law prohibits employment discrimination based on race, color, religion, sex, or national origin. It also covers harassment and threatening behavior related to these protected classes.
- Americans with Disabilities Act (ADA): The ADA protects employees with disabilities from discrimination and harassment, including threatening behavior.
- California Fair Employment and Housing Act (FEHA): This state law provides additional protections against workplace harassment and discrimination based on various characteristics, including sexual orientation, gender identity, and genetic information.
Can I Sue for Being Threatened at Work?
Yes, you can sue for threats at work under certain circumstances. To have a successful lawsuit, you need to prove that the threatening behavior created a hostile work environment or that it was a form of illegal discrimination or harassment. Here are some scenarios where you might have grounds to sue:
- Hostile Work Environment: If the threatening behavior is severe or pervasive enough to create a hostile work environment, you may have a valid claim. A hostile work environment is one where the conduct significantly interferes with an employee’s work performance or creates an intimidating, hostile, or offensive working environment.
- Discrimination or Harassment: If the threats are based on your race, color, national origin, gender identity, sexual orientation, disability, or any other protected characteristic, you may have a claim for discrimination or harassment under federal or state law.
- Retaliation: If you report the threatening behavior and your employer retaliates against you, such as by demoting you, reducing your hours, or terminating your employment, you may have a claim for retaliation.
Steps to Sue for Being Threatened at Work
Here are the steps involved in suing for being threatened at work if you decide to pursue legal action:
- Consult an Attorney: Find an experienced employment attorney to evaluate your case. They will help you understand your rights, assess the strength of your claim, and guide you through the legal process.
- File a Complaint with the EEOC or DFEH: Before filing a lawsuit, you typically need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These agencies will investigate your claim and may issue a “Right to Sue” letter.
- Gather Evidence: Collect all documentation related to the threatening behavior, including emails, text messages, witness statements, and any other relevant evidence.
- File a Lawsuit: Once you have a “Right to Sue” letter, your attorney will file a lawsuit in court. The lawsuit will outline your claims and seek remedies such as compensatory damages, punitive damages, and injunctive relief.
- Attend Mediation or Settlement Discussions: Many employment lawsuits lead to mediation or settlement discussions. Your attorney will represent your best interests during these negotiations.
- Prepare for Trial: If your case does not settle, it will proceed to trial. Your attorney will present evidence and argue your case before a judge or jury.
Can Employers Get Fired for Threatening Someone at Work?
Employers have a responsibility to maintain a safe and respectful work environment. If an investigation finds that an employee has engaged in threatening behavior, the employer may take disciplinary action, up to and including termination.
The decision to fire an employee for threatening behavior depends on the severity of the conduct, the employer’s policies, and the findings of the investigation.
Legal Penalties and Consequences
The legal penalties and consequences for threatening someone at work can vary depending on the circumstances and the severity of the behavior. Potential consequences include:
- Criminal Charges: If the threats involve physical harm or are considered criminal acts, the perpetrator may face criminal charges and penalties, including fines and imprisonment.
- Civil Liability: The perpetrator and potentially the employer may be held liable in a civil lawsuit. Victims may be awarded compensatory damages for emotional distress, lost wages, and other related costs.
- Disciplinary Actions: Employers may take disciplinary actions against employees who engage in threatening behavior, including suspension, demotion, or termination.
How an Attorney Can Help You in a Workplace Threat Case
When facing threats at work, navigating the legal landscape can be daunting. An experienced employment attorney can provide crucial support and guidance throughout the process. Here are specific ways an attorney can help you in a workplace threat case:
- Legal Advice and Guidance: An attorney will help you understand your legal rights and options, explaining relevant laws and how they apply to your situation to ensure informed decision-making.
- Evaluation of Your Case: An attorney will assess whether the threatening behavior constitutes a hostile work environment, illegal discrimination, harassment, or retaliation to determine the validity of your claim.
- Documentation and Evidence Collection: An attorney will assist in gathering and organizing evidence, such as emails and witness statements, and advise on effective documentation of ongoing incidents.
- Filing Complaints with Government Agencies: An attorney can prepare and submit complaints to agencies like the EEOC or DFEH, ensuring all necessary information is included for proper investigation.
- Legal Representation in Negotiations: An attorney will represent your interests in negotiations or mediation, aiming to achieve a fair settlement that addresses your concerns and compensates you appropriately.
- Filing a Lawsuit: If a settlement cannot be reached, an attorney will file a lawsuit on your behalf, drafting legal documents and seeking remedies such as compensatory and punitive damages.
- Building a Strong Case: An attorney will gather evidence, interview witnesses, and develop legal arguments to build a compelling case, countering any defenses raised by the employer or perpetrator.
- Representation in Court: If your case goes to trial, an attorney will represent you in court, presenting evidence and arguments to advocate for your rights and achieve a favorable outcome.
Protect Your Rights with BLG
Being threatened at work is a serious issue that can have significant legal and emotional repercussions. If you find yourself in this situation, it is crucial to take immediate action to protect yourself and understand your legal rights. Reporting the threat, documenting the incidents, and consulting with an experienced employment attorney are essential steps in addressing the situation. Remember, you have the right to work in a safe environment, and legal protections are in place to support you.
If you’re experiencing threats at work, don’t face this difficult situation alone. The experienced attorneys at BLG are here to help you navigate the legal complexities and protect your rights. Our dedicated team will work tirelessly to ensure you receive the justice and compensation you deserve.
Contact us today for a free consultation.
1-800-870-8910