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Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 1575
Experience:  Attorney-at-Law
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I was in my office alone this morning with a male employee

Customer Question

I was in my office alone this morning with a male employee he became very aggressive I feared for my safety my bosses have know him to be very aggresive for many years now and nothing has been done to protect staff
Submitted: 10 months ago.
Category: Employment Law
Expert:  Thelawman2 replied 10 months ago.

First, you might want to think about talking to your bosses about the behavior that you experienced to see if they can do something to get rid of this employee.

If you fear for your safety, you should contact the police and think about obtaining a protective order against the employee.

Additionally, your employer can be sued for negligence in retaining this employee despite knowing about the employee's aggressive behavior. Employers also have a duty to exercise ordinary care. If workplace violence occurs, they may be sued for negligence if they knew or should have known of a potentially dangerous situation. Lawsuits could be based on negligent hiring, retention, training, or supervising of an employee who went on to commit violence at the workplace. Employers may also be sued for negligence if an employee else made threats before carrying out violent acts, yet management failed to take any action.

Finally, you can report this incident to OSHA because every employer has a duty to prevent hazards that they know or should have known could occur.