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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102600
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I am in California. My employer is expecting me to deal with

Customer Question

I am in California. My employer is expecting me to deal with a homeowner (I am in the HOA industry as a community manager) who is mentally unstable. This individual has threatened to go after me directly based on his emails and I feel very uncomfortable about it. I have sent emails and voiced my concerns to the owner of the company and she told me that I have to deal with it, and its part of my job.
The problem is that I transitioned on this account after the issue with this owner had already occurred more than 30 days before I took over. I need to know what my rights are as the owner is not looking out for my safety as an employee of the company.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. You may not like my answer. An employer generally has no duty to ensure that the employee not handle accounts where the persons are aggressive. True, the employer may be sued if they KNEW or SHOULD HAVE KNOWN that the resident would become violent, did not do anything about it, and put you at the forefront of likely violence, but this is post facto relief, meaning that this is a suit only IF that happened.

Otherwise, the employee or course has a choice whether or not to follow the instructions. But the employer then can terminate the employee if the employee does not follow the instructions. Just like an employee security guard is expected to do what is necessary and legal to stop an assailant for a property that they are protecting, someone in you situation has the same duty. Both can refuse, but both can be terminated. An employee cannot say "I cannot do this assignment because the person at the other end is threatening me," provided that the assignment is part of the job description.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.