What are my rights and responsibilities when threatened by an employee of a major cell phone provider?

My father was recently threatened by an employee of a major cellular provider after a heated discussion with multiple loud obscenities. We were escorted out of the mall by a understanding security officer but not before getting the name of the employee. He said “I will beat your *** into the ground.” I was wondering what my rights and responsibilities are since he is privy to much of our private information?

Asked on October 19, 2011 under General Practice, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You don't really have any "rights" until and unless something bad actually occurs: for example, the employee's threat does not give you the right to terminate your service contract or require the cell phone provider to delete all your information from its files.

Clearly, if any action--physical violence; harassment; identify theft; defamation; fraud or any form of theft--occurs and is traceable to this employee, you may have a cause of action (lawsuit) against both him and his employer. To strengthen any potential case against the employer, you should put them on notice of this employee's threats and actions--that way, they can't later plead ignorance or that he acted outside his employment. You and/or your father should annotate what happened in a factual sense (no hyperbole, no over-strong allegations, stick to provable facts) and send that in writing to the phone company, in some way that you can prove delivery (e.g. certified mail with delivery confirmation).


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