I wanted to know if I could file a lawsuit against my company due to an ex-employee threatening me at work?

UPDATED: Aug 26, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 26, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I wanted to know if I could file a lawsuit against my company due to an ex-employee threatening me at work?

An ex-employee was allowed onto secure premises and into the office which both require a 4-digit access code. He was verbally abusive (cursing at me), threatened me and warned me to watch my back. This was witnessed by 3 other individuals and I filed a complaint with HR. I don’t feel safe in my work environment and now worry about the threat to watch my back.

Asked on August 26, 2011 Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you are referring to here is an employer's duty to provide a safe work environment.  The duty can be express but it is often implied.  That duty is to protect the employee from the criminal acts of third parties.  It has to be proven that the employer assumed a liability or that there was an implied presumption and then that there was a breach of the duty of reasonable care.  Now, the employer must also know that the employee is a threat.  It has to be a known threat that they are protecting employees against.  And there has to be damages to an employee - most often physical damage.  It is unclear that you have any damages for which you can be compensated here or if these facts fit in to the mod necessary for suit.  Seek consultation from an attorney in your area.  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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption