how to deal with an employee who makes threats of getting a lawyer

How do I handle threats against my employees?

Some can be contained simply by confronting the offender directly when it happens. When it goes beyond that, you'll need to report it to your employer. If you're threatened in response to a complaint to your employer about clearly unacceptable or illegal behavior, you'll need to consult an attorney.

What to do if someone threatens you in a relationship?

The person who threatened you may apologize and take her discipline with grace, at which point you can choose to forgive her, but continue to watch your back and document questionable remarks or actions that may constitute payback or continued harassment. Get a lawyer if the situation doesn’t get resolved. (ref 3)

What constitutes an unlawful threat in the workplace?

" For the conduct to be considered unlawful, according to the EEOC, the remarks must create "a work environment that would be intimidating, hostile or offensive to reasonable people." A "type one" threat may or may not rise to a level of illegality. When it doesn't, it can still be disturbing to the victim.

How do you find out why a man threatens a lawsuit?

You can try to discover the motivation for the threat by asking, “Why would a lawsuit be a better option for you than continued talks?” If he reveals that he expects the courts to rule in his favor, his threat is based on his sense of real power.

How do you deal with a threatening employee?

If an employee threatens you with immediate physical harm, remind the employee of the ramifications of such behavior and try to talk her out of carrying out her threat. Contact law enforcement authorities if possible and, until help arrives, try to calm the employee in a manner that does not further antagonize her.

What is considered threatening in the workplace?

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.

How do you respond to an employee who threatens to quit?

How to respond when an employee threatens to quitIdentify why workers want to leave and understand all of the details. ... How to respond when an employee threatens to quit. ... Make sure to consider other variables. ... Lastly, avoid some attrition from the start.

What is classified as harassment in the workplace?

According to the Equal Employment Opportunity Commission (EEOC), harassment can include “offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.”

What are the 3 types of harassment?

If an employee feels unsafe in their own workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer.1- Physical Sexual Harassment.2- Verbal Sexual Harassment.3- Visual Sexual Harassment.

What are the 4 types of workplace harassment?

Types of Workplace HarassmentAbuse of Power. A manager can make unreasonable demands of an employee. ... Psychological Harassment. Psychological harassment can be overt or subtle. ... Online Bullying. ... Retaliation.

Can I fire an employee for threatening to quit?

The employment-at-will doctrine permits private-sector employers to sever the employment relationship at any time. Therefore, if you have an employee who repeatedly threatens to quit her job, you have the right to terminate her.

What is considered insubordination at work?

Insubordination in the workplace refers to an employee's intentional refusal to obey an employer's lawful and reasonable orders. Such a refusal would undermine a supervisor's level of respect and ability to manage and, therefore, is often a reason for disciplinary action, up to and including termination.

Can you get fired for saying you want to quit?

In most cases, an employer can fire you and stop paying you immediately after you give notice. That's because most U.S. workers are employed at will. This means that the company can terminate your employment at any time, for any reason—or no reason at all—provided that they're not discriminating against you.

How do you prove a hostile work environment?

The crux of proving a hostile work environment case is evidence of the harassment. You should preserve any e-mails or voicemails that demonstrate harassing language. These communications do not have to take place at home, as any harassing treatment that extends from the workplace to your home qualifies as evidence.

What are signs of a hostile work environment?

7 Signs You're in a Hostile Work EnvironmentVerbal or non-verbal anger and aggression.Public shaming. ... Encouraging unhealthy levels of competition.Scapegoating. ... Blatant and severe favoritism.Failure to create and maintain a safe work environment.

What are the 5 types of harassment?

The 5 Most Common Types of Workplace HarassmentSexual Harassment in the Workplace. ... Disability Harassment. ... Racial Harassment. ... Sexual Orientation and Gender Identity Harassment. ... Ageism.

What happens if an employee threatens another employee?

If an employee threatens another employee, that's bullying. This conduct is subtler than schoolyard bullying but can affect team morale and performance as well as the organization as a whole. It has a negative impact on employees, leading to anxiety and stress, diminished productivity, poor sleep, high blood pressure, depression, ...

Why was an employee fired for threatening a coworker?

In 2015, an employee at a corporation in Oregon got fired for threatening a coworker and his superiors multiple times, saying that he was going to kill them with a gun. In his lawsuit, he claimed that he was discriminated because of his disability. The court, however, dismissed his claims.

How to prevent bullying and abusive behavior?

The best thing you can do as a manager is to prevent bullying and abusive behavior in the first place. Implement a policy that defines this kind of conduct and communicates zero tolerance toward it. Be clear about what bullying is, how to prevent it and what measures you'll take against it. State what will happen if an employee threatens another ...

What is bullying in the workplace?

Using words or actions that embarrass others. Physically assaulting or threatening the staff members. Swearing or shouting at other employees. Making offensive jokes repeatedly. Mistreating one or more employees because of their age, gender, nationality or physical attributes. If an employee threatens another employee, that's bullying.

What percentage of employers don't take bullying seriously?

Women and minorities are particularly vulnerable. Yet, nearly half of employers don't take this issue seriously; over 25 percent of them do nothing about it. Only six percent punish the bully. There is no "official" definition of workplace bullying.

How many people are affected by bullying in the workplace?

Workplace bullying is a global concern. Almost half of all American employees have been affected by this phenomenon. Surprisingly, 72 percent of employers encourage, defend or deny it. This problem is also common in the UK, affecting nearly one-third of workers.

What are the threats of physical violence?

In rare instances, you’ll be dealing with a serious situation right from the start. Instead of a petty or annoying comment, maybe someone stated they wanted to injure you or they would take physical action against your property or your loved ones.

What happens if you are insulted?

If you are insulted, harassed, or stereotyped in the workplace, you might feel threatened, but chances are you aren’t facing a physical threat. Comments can cross a line and/or violate the law, but they might not actually be threats.

What to do if you are threatened by your employer?

If you're threatened in response to a complaint to your employer about clearly unacceptable or illegal behavior, you'll need to consult an attorney.

What are verbal threats?

Not all verbal threats that occur in the workplace are specific threats to do you harm but could be bullying or insulting language or language that conveys an inappropriate sexual or racial comment. You can think of these as "type one" threats. Here are some typical instances of this kind of threatening behavior: 1 "Just don't ever try to tell me what to do." (bullying) 2 "You know what, you're way too fat for your own good." (insulting) 3 "You oughta wear tight shirts more often." (sexual aggression) 4 "You people are just plain lazy." (racial stereotyping)

What happens if you say "just don't try to tell me what to do"?

At a certain point, petty slights become harassment. When the person who says "Just don't ever try to tell me what to do," adds "Or I'll make you really, really sorry," that point has been reached. At that point, it is the victim's obligation to report this conduct to the employer. The EEOC recommends doing this early on instead of waiting to see if it's going to escalate. The employer then has an obligation to respond to your complaint The response could be a warning or a requirement for the employee to attend a seminar or workshop on harassment, or it could be suspension, demotion or discharge. But once you have reported it, the ball is in the employer's court. This is especially clear when the offender is the employee's supervisor. But any prolonged failure on the employer's part to respond to harassment makes the employer legally liable for the consequences, including an employee damage suit against the employer.

What are type one threats?

Type One Threats: Bullying, Insults, Sexual or Racial Disparagement. Not all verbal threats that occur in the workplace are specific threats to do you harm but could be bullying or insulting language or language that conveys an inappropriate sexual or racial comment. You can think of these as "type one" threats.

Is a type one threat illegal?

A "type one" threat may or may not rise to a level of illegality. When it doesn't, it can still be disturbing to the victim. The better responses in these situations are direct rather than texting or emails, without being overly aggressive.

Is SmartAsset a physical threat?

SmartAsset.com. It isn' t that these remarks necessarily imply a physical threat, although some do, it's that they are all demeaning and inappropriate language anywhere including the workplace. At a certain point, remarks of this kind are offenses under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, ...

Is a negative comment a violation of federal law?

Not every negative comment rises to the level of a violation of Federal law. The Equal Employment Opportunity Commission notes that "Petty slights, annoyances and isolated incidents unless extremely serious will not rise to the level of illegality. " For the conduct to be considered unlawful, according to the EEOC, the remarks must create "a work environment that would be intimidating, hostile or offensive to reasonable people."

What to do if a subordinate threatens you?

If a subordinate threatens you, take action to rectify the situation and protect yourself and other workers from possible violence and future threats.

How to assess a threat?

Consider the circumstances in which the threat occurred, the employee's tone in which she made the threat and her history of workplace behavior. If necessary, consult other managers or employees for input on their past experience with the employee.

How to prevent workplace violence and safety?

If you fired the offending employee and feel he remains a threat, inform other employees of the threat. To help employees feel safer in their work space, consider changing access codes and door locks in your facility, as well as hiring security personnel to patrol the facility.

What are disciplinary actions?

Disciplinary actions range from issuing a written warning, strictly monitoring the employee's behavior, suspending the employee or instant termination. Should you not fire the employee, advise her that in the future she should address with you any complaints or concerns about the organization in a rational manner.

Who said "I'll kill you"?

By Jim Radenhausen. Employees may not think much of it when a co-worker jokingly says "I'll kill you!". during a round of back-and-forth banter in the workplace. However, threats issued in the workplace may carry a more serious tone, with even managers on the receiving end of such threats.

What to do if you are thinking about filing a lawsuit?

If you’re thinking about filing suit, you probably want to speak to a lawyer. Confusing claims: There are some employment laws on the books that you might not be aware of, so you might have a case you don’t know about. And there are some laws you think exist, that don’t.

When a work situation has reached a level where initiating an agency complaint or process is being considered, should an

When a work situation has reached a level where initiating an agency complaint or process is being considered, an employee should approach the decision as objectively as possible, despite the fact that at such a point the situation likely is very emotionally charged.

What do you sign at a disciplinary meeting?

To attend a disciplinary meeting (take good notes, don’t sign anything except a form acknowledging receipt of the discipline , and sign “as to receipt only, rebuttal to follow); To sign documents you understand, like applications, insurance forms, and tax documents.

Who should be the sounding board for an employee?

It could be a spouse or partner, a good friend, shop steward, or even a counselor in an employee assistance program (EAP).

Do employers take terminations seriously?

Being taken seriously: Some employers don’t take you seriously unless you have representation.

What is a threat to an employee?

Threats can include bullying or stalking or outright verbal statements about what your fellow employee will do to you. (ref 1) Write down the exact words as soon as they happen so there’s no misunderstanding about what you’re reporting. A threat can come in person, in an email or by phone.

What happens if you respond to a threat?

The person making the threat may be joking or she may have some serious anger issues and is ready to explode. Remain calm and don’t try to argue with the person. (ref 2) If you respond with anger, you may just exacerbate the problem and put yourself at risk for violence.

How to report a threat to a supervisor?

Once you’ve documented the threat, report it immediately to your supervisor. (ref 2) Make sure others know about the situation until you can find a manager. Make sure the threat is taken seriously and reported to human resources and to others who can take some action to discipline the person or ask her to leave. Don’t worry about getting someone fired. Even though the person making the threats doesn’t appear prone to violence and you don’t actually feel unsafe, the threat may indicate a propensity for violence you’ve yet to see at work and must be taken seriously. (ref 3)

How to call for help when someone threatens you?

Don’t raise your voice, but calmly call for help either by picking up a phone or talking to someone else nearby. Walk away from the person making the threats until you feel safe enough to get help. Call the police if you feel an immediate threat. (ref 3)

What to do if someone is still on the job?

If, however, the person is still on the job, you may have to make additional reports up the chain of command, especially if you still feel unsafe. Continue to document any comments or other actions that you believe are inappropriate and threatening and ask to be reassigned. Report the incident to human resources.

Petty Annoyances Versus Harassment

Threats of Physical Violence

• In rare instances, you’ll be dealing with a serious situation right from the start. Instead of a petty or annoying comment, maybe someone stated they wanted to injure you or they would take physical action against your property or your loved ones. If this is the case, you’ll want to report the circumstances immediately. If your instincts tell you i...

See more on employmentlawyernewyork.com

Threatened For Reporting Something Illegal?