What should I do if an another employee attempted to physically harm me at work?

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What should I do if an another employee attempted to physically harm me at work?

Then my employer decided to go through my bag and take information about my case with the employee who tried to stab me with a knife?

Asked on November 19, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First and foremost, call the police: assault is a crime, and this person should probably be arrested; you also want a record or paper trail of the assault for later purposes.

Second, let your employer know--and you can do this very respectfully--that you expect them to do something to protect you and prevent this. An employer is not responsible for an employee's criminal act if there was no warning; but once they know that there is a threat or danger, if they don't take action, they can be held liable for any injuries. So you could let your employer know, if you deem it appropriate, that if they don't do anything and this person hurts you, you may have to take legal action against the employer.

If the employer tries to resolve the situation by firing you, then see an employment law attorney--you may have a lawsuit for wrongful termination.

You may wish to consider seeking a protective order against the other employee.


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