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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23203
Experience:  Active member of the NYS bar since 1989
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What to do with a threatening email? I received a email

Customer Question

What to do with a threatening email? I received a email stating "Hey old chicken roundhead,its your time out.
" The email address has my name then in another language "gay" Also i know this person, i only have a problem with this person but after since he got fired at work he cant move on. We had pass issues at work. he had posted within mentioning names about its time, count down. your story is over, Better watch out. He recently called department of health on me for something that i didnt do. He had called twice because he included himself in it despite being fired already. I have told the facility about it, the HR said his gone already we cant do NOTHING about it. I already reported this matter to santa clara police department. Reported his info but phone number. I also made a police report on the harassment from below. I feel worried that he might come after me with weapons or try to harm any of my family. Is there a faster way of getting a restraining order? or does it all have to go through hearings. Also as stated from below, i told the facility management and called HR corporate about it a day or two after it had happen but nothing was address. The only reason he does not work with us is because he did not complete his renewal to work on a timely manner and was fired out. May i pursure this case agaisnt the facility for allowing him to harassment continuously. As stated from below, he had done it each night from the first. I have video of him doing it. At this point i dont know what to do. I think making these police reports does not matter, maybe only after the crime was committed.Little back ground (i sent this question months ago)
Hello on may 29th last week i was stalked, stared, followed into the facility parking lot by another staff member whom i had a previous issue back in January. He has stated to other staff members that he wanted to fight me, but will not report unless questioned. other staff had witness him stalking and following me into the parking lot of the facility. We are both employed. I had video tape him the whole time and he shows him trying to provoke me. on May 30th the same event had happen, as i walked out he was there waiting behind me staring and parking next to me, constantly pressing his lock button so the car light went on continuously. Looking back, there he was staring at me the whole time i walked to me car and inside my car waiting and looking at me. This was also video taped and witnessed by other staff members. My question is how would i go about this process? I live in california, the have a CH-100 form for restraining order. He knows where i live and knows my mother. He had previously but no proof stated that my mother should hide too from him because she will face his wrath. The facility corporation was notified but yet to take any action or contact me for any information. I was told that the person as well called the corporate stating that i was provoking him. I had video and audio for proof of not doing so but i realized audio cannot be used but video was starting only after i walked out of the building. This person also called the State of California stating that i was abusing patients, this was false and an investigation was done and proved that i did not abuse any patient. May I take the facility to court for their neglect on workplace harassment and does this justify a restraining order, i fear that he will hurt me and hurt my family.Prior to all these stuff happening, the reason his mad is because he got caught cheating with another women and he thinks it was me who told his wife. (long story short)
Submitted: 22 days ago.
Category: Legal
Expert:  Zoey, JD replied 22 days ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 22 days ago.
i am
Expert:  Zoey, JD replied 22 days ago.

Is the email making you fearful for your safety? Are you certain of who sent the email?

If so, you can either go to civil court and get a civil restraining order against him for the threats and harassment or take the matter to the police and ask that he be charged and prosecuted.

Customer: replied 22 days ago.
not just the emails, his behavior. even on facebook, or instagram. i took screen shots on all of them. They dont mention my name but people at work said it was towards me. Im not his friend on any social media. For the charged and prosecuted, how would i go about that with only speculation on email even though several people and myself know its him who sent it. I do have things about him and his anger, those videos, threatening post that his going to do on someone. Yes, i very much certain, 100%, i never get emails like this, never especially one that say my name and some parts are in our language. He during worked called me chicken.
Expert:  Zoey, JD replied 22 days ago.

In order to get criminal charges pressed for harassment, for cyber bullying and for threats, all you would have to do is to go to the police and file a complaint against the person, letting them know that you want him charged and prosecuted and you want a restraining order.

Tell the police all he's doing to you. If they want to see proof, show them what you have.

Customer: replied 22 days ago.
Which place would i go to? the harassment was in san jose and another in santa clara (email)
Expert:  Zoey, JD replied 22 days ago.

Start with your own police. Then, if they won't notify San Jose and Santa Clara, you'd do the same there.

Customer: replied 22 days ago.
alright ty, i called they said to get all the documents ready. i thought i sent another one but seems i didnt. What do i do regards ***** ***** work? they basically allowed him to continue to harass without any action toward them. They have seen the videos, if i remembered correctly, he denied what he did (of course) but the videos were soo blatant. He continued to work there without any judgement nor any type of follow up towards me. The corporate whom were notified with voice mails from me never followed up. They knew though because of the administration telling them about it. We dont have a HR present, our HR works at several buildings, shes corporate division.
Expert:  Zoey, JD replied 22 days ago.

If you are able to get a restraining order, that's a court order requiring the defendant to keep away from you. Your employer would have to arrange things so that the two of you would not have direct dealings.

Customer: replied 22 days ago.
direct dealings? He doesnt work with me anymore but my problem is the company not taking any action towards what was done to me.
Expert:  Zoey, JD replied 22 days ago.

I misunderstood. Sorry. If you had economic damages or personal injuries as direct a result of this person's on-the-job actions you could contact a civil lawyer to see if you would have a viable suit against the company for their failure to protect you. If you had no damages or no personal injuries, there's nothing you can do about this.

Expert:  Zoey, JD replied 21 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 21 days ago.
Ahh only if harm was done not psychological or anything... that seems to me pretty crazy lol. Yah I'm going to take this to the authorities. A clerk told me to submit a restraining order and I have to have a hearing. I'm not quite sure what a hearing is. Is it like the ones you see on TV? Judges and the jury? Also to provide all the information and proof.
Expert:  Zoey, JD replied 21 days ago.

For a civil suit you must have economic losses or personal injury. If you reach that threshhold, then you may also be compensated money for pain and suffering. But to be able to sue in the first place, you need actual damages as mentnioned above.

You can get an emergency ex-parte temporary restraining order through the civil courts, the way the clerk told you. That is, you can get the order without notice to the other party, and once the defendant is served with the order, he would not be able to have further contact with you, unless he wanted to go to jail.

Although you would be able to get a temporary order without letting him know in advance, the only way to get the order converted into a permanent restraining order would involve a hearing before the judge which both of you would be expected to attend.

At the hearing, you would have to show by a preponderance of the evidence that you need protection from him. YOu would do this by your testimony and any other kind of evidence that you have -- witnesses, emails, videos, phone call recordings, photographs. Then he would get a similar chance to show the judge that he is not a danger to you and to try to get the restraining order lifted.

Once both parties finish with presenting their case to the judge at the hearing, the judge decides whether to grant the permanent restraining order or to lift the order against the defendant.

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