Is it legal if my boss intentionally threw an object at my head?

I reported the incident to my general manager and HR. They suspended my boss but brought him back to

work, even after knowing that I didn’t feel safe and threatened by him at my workplace. I feel that HR is not considering the threats of what had happened and is giving him a chance to change and be better. Now I have an option to stay and forgive my boss or leave because I don’t feel safe.

Asked on May 23, 2017 under Employment Labor Law, Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, if he actually hit you then that constitutes an assault for which you have both criminal and civil recourse. You can take action against him. However, as to your workplace setting, there probably isn't much that you can do. Unless this worker has indicated that he would harm you again rather than it being a one time incident, your employer can keep him if it chooses. Most employment is "at will" which means that a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discriminaton. Therefore, unless you have an employment contract or union agreement that prohibits this action, it is legal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.