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This answer was rated:

What action must be taken if an employee accuses another employee

of threatening her....
What action must be taken if an employee accuses another employee of threatening her.
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Answered in 5 minutes by:
9/27/2013
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

Is there any issues of a civil rights violation such as race, gender, age, or any other civil right issue?

Customer:

No.

wallstreetfighter :

If this is an argument between two employees, you should consider the following,

wallstreetfighter :

1. send a letter of reprimand to both employees stating that if any further threats or harassment occurs a termination for misconduct will follow.

wallstreetfighter :

By doing this you protect yourself from any liability if violence happens at the workplace,

wallstreetfighter :

or a negligence claim,

wallstreetfighter :

Since AZ is an at will State you can also suspend or terminate the employees for any reason and at any time, so you can consider such action as well.

wallstreetfighter :

I would consider suspending employee 2 if you feel employee 1 is telling the truth,

Customer:

That last option was my current thought process, I was concerned that employee 2 could say employee 1

Customer:

was lying?

wallstreetfighter :

she may, but at this point you do not need any justification or any investigation to discover the truth,

wallstreetfighter :

you should consider protecting the workplace from any issues,

Customer:

By suspend do you mean fire?

wallstreetfighter :

so a suspension of both or one can be made

wallstreetfighter :

a one week suspension may be warranted, or if you wish a termination, however, it would be best to have some evidence of misconduct before a termination, as the employee would not be able to obtain unemployment benefits

Customer:

I appreciate the information, we have company policies and your information aligns with mine

Customer:

I want to make sure I cannot be attacked for terminating an employee who turns against me.

wallstreetfighter :

not in AZ, unless she is claiming discrimination,

wallstreetfighter :

or she is part of a Union,

Customer:

No none of the above, if I suspend the employee 2 and she threatens employee 1 on her return to

Customer:

work then I can terminate her and not be accused of letting her continue.

wallstreetfighter :

yes,

Customer:

Thank You for the information

wallstreetfighter :

AZ is an at will State, which means an employee can be terminated without cause at anytime,

wallstreetfighter :

so the terminated employee cannot make such allegations against you, in fact you do not even have to give a reason,

wallstreetfighter :

If you want to deny the employee unemployment benefits you can terminate them for misconduct, but you will need proof.

Customer:

I will save and exit and appreciate your assistance

wallstreetfighter :

Thank you, XXXXX XXXXX satisfied with our service please provide us with positive feedback

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

The information was accurate and beneficial

wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified
wallstreetfighter and 87 other Employment Law Specialists are ready to help you
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wallstreetfighter
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
17,253 Satisfied Customers
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits

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