What can I do when I have been threatened by a co-worker with physical violence

Asked about 6 years ago - San Diego, CA

I have been threatened by co-worker with physical violence what do i do

Attorney answers (1)

  1. Brian Wyld Freeman

    Pro

    Contributor Level 14

    2

    Lawyers agree

    7

    Answered . DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
    ---

    First, you need to inform your employer of the threat so that they may take appropriate action.

    In 1994, the California Legislature passed the Workplace Violence Safety Act (CCP §527.8). The Act provides that when an employee has suffered unlawful violence or a credible threat of violence in the workplace, the employer (including public employers) may seek injunctive relief on behalf of the employee.

    The Act's definition of "credible threat of violence" includes "stalking" (see Pen C §646.9) and such activities as following an employee to or from the workplace, entering the workplace, following the employee during hours of employment, making telephone calls to the employee, or corresponding with the employee by mail, fax, or e-mail. These activities need not occur over an extended time; the time period may be short, as long as the acts demonstrate a "continuity of purpose." CCP §527.8(b)(2)-(3).

    A temporary restraining order (TRO) may be granted for up to 15 days, during which time the court will hear the petition for an injunction. CCP §527.8(e)-(f); see CCP §527(a). A TRO may be granted if the employer shows that harm will likely occur from future unlawful violence in the absence of the TRO. Scripps Health v Marin (1999) 72 CA4th 324, 85 CR2d 86.

    If the individual allegedly making threats is a current employee of the petitioning employer, the court "shall receive" evidence concerning the employer's decision to retain, terminate, or otherwise discipline the individual. CCP §527.8(f). If the judge finds by clear and convincing evidence that the defendant engaged in unlawful violence or made a credible threat of violence, an injunction will issue prohibiting further unlawful violence or threats of violence. The injunction may have a duration of up to 3 years, and may be renewed if application is made within the 3 months before it expires. CCP §527.8(f).

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

18,486 answers this week

2,430 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

18,486 answers this week

2,430 attorneys answering