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A co-worker made threatening remarks against me by screaming "you don't know me!!!" This co-worker has a history of physical

San Jose, CA |

assault against a previous co-worker. I fear for my safety. In addition to my supervisor, should I report it to the police?

Attorney Answers 3


  1. I'm not certain that what you have quoted is actually a threat, but there is no harm in reporting it to the police. They will take a report and may investigate.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  2. If you have a reasonable fear of imminent danger, you should report the threat to the police. If you do not feel in imminent danger, then reporting to the police might not be called for at this time. Be sure to report the threat to your supervisor, and to HR if your company has one. Your employer has a duty to act reasonably to protect you against workplace violence, and it has certain tools given to it by the law to effect that protection.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  3. Is the quoted remark in your heading the only statement made by this co-worker? That is not a threat, and a report to the police about that statement will engender no interest or action from law enforcement. In fact, that remark, standing alone, does not explain why you would fear for your safety. Frankly, if this statement is all that has occurred, your employer very likely does not have a legal obligation to take any action at all.

    Perhaps there are more facts that explain this situation? What is the context of the co-worker's s statement. Did he/she make any effort to harm you? What was your employer's course of conduct after the assault against your other co-worker?

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