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Tina
Tina, Lawyer
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I have been threatened at work and the person is still there

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I have been threatened at work and the person is still there in my area. I have worked there for 29 years and have never had any trouble with anyone. They let him stay there after I reported it and I have been singled out now as a troublemaker. What can I do?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Tina replied 5 years ago.

Thank you for contacting our JA team for guidance.


Please let me know what type of threat it was. Does the employer have at least 15 employees? How long ago did this occur?

 

Customer: replied 5 years ago.
Please excuse the language but this is what the man said to another employee...

I will f**k her up and take her department down. She doesn't know who she is dealing with. I have had a bad day and look at my face. She will go down.

The employee came straight to me because she was so afraid of what may happen to me. He also told another employee through this that I could kiss his white ass.

It is the state of Tennessee that I am employed with so there are plenty of employees. It occurred on November 20, 2008.
Expert:  Tina replied 5 years ago.
Are you afraid for your safety? Do you think it is a form of discrimination based on your gender, age, race, etc? Have there been any other threats or behavior to back up the threat?
Customer: replied 5 years ago.
I have been afraid from the day it happened and so is the person that told me. I have had to go on medication to be able to go to work.
There has not been another threat. My director has never recognized the behavior and wanted nothing to do with the incident and is very good friends with the guy that threatened me.
I don't think it was because of gender, age, or race but not absolutely sure.
Expert:  Tina replied 5 years ago.

Well, when he made the statement that you could kiss his white a**, it indicates that you might be of a different race. You are female and he is male, so he may be creating a hostile work environment based on gender discrimination. If he is significantly younger than you are (and you are 40+), it could be age discrimination.

 

If this is the case, I would file a complaint with the EEOC for race discrimination since the employer is not doing anything about it. If there any further threats or you are retaliated against for filing the complaint, it only makes your case stronger.

 

The EEOC can also provide referrals to employment law attorneys in your area. Look for one that offers a free consultation and takes contingency fee cases.

 

The default rule is employment at will, meaning you can be terminated for any reason or no reason at all that is not discriminatory or retaliatory.

 

Please let me know if you need additional information.

 

Best regards,

TK

 

 

Please press the "accept" button so I may be credited for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Thank You.

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31689
Experience: JD, BBA, recognized by ABA for excellence.
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