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

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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 6 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.


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