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

UPDATED: Jun 22, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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 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.

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