Do I have a valid harassment case for creating a hostile work environment?

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Do I have a valid harassment case for creating a hostile work environment?

I feel that my boss is creating a hostile work environment. He has made numerous threats to me about his violent intentions towards problem employees, has punched walls, thrown office supplies across the room in anger, and at one point I asked him how I would know if he was upset at an employee and he pulled up his shirt showing a concealed gun and stated “Oh you would know”. What are my legal options because I do not feel comfortable going to work.

Asked on June 22, 2012 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is not an employment law matter--but it may be a criminal or tortious matter. That's because employment law does not prohibit an employer from harassing employeees or creating a hostile work environment unless that harassment/hostility is based on a protected characteristic; that is, unless it is directed at you due to your race, sex, religion, age over 40, disability, etc. So is not a violation of employment law.

However, threatening people, especially with a gun, can be a tort (something you can sue over) and can also be a crime. You should speak with a personal injury attorney immediately, to see if you have grounds for a lawsuit; the attorney may also recommend you contact the police. Good luck.


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