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Workplace violence question - New York

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  • Workplace violence question - New York

    I was verbally threatened with physical violence by a co worker. There was a security guard present who documented the incident. I submitted a complaint and the witness's statement. The New employee was on 90 day probation. At a subsequent meeting with upper management They stated that they would only be documenting the incident and a letter would be placed in the employees file. I resigned on the spot. I sited OSHA's General duty clause which states That an employer must maintaing a safe and healthy workplace. OSHA also suggests that employers should have a zero tolerance policy on Workplace violence

    I filed for Unemployment ins and was turned down because my employer said it was a personality conflict. I am appealing the discision and asked for a hearing. What do you think my chances are?


  • #2
    Anyone want to take a shot at this?


    • #3
      The LLT crystal ball is out for recalibration.

      The issue is that you didn't wait to see if the problem would continue after the offending employee was disciplined. You immediately quit, which would make UI, in my opinion, less likely.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4

        Well then, I guess my argument to the judge will be that waiting to see what happened could mean that I might become a violent statistic. I'll sterss that zero tollerence would mean that the employer wasn't going to GUARENTEE my safety as required by OSHA.

        Anyway, Thanks for your comment. I guess I have nothing to loose at this point.

        Thanks Again!


        • #5
          There is a great deal of presumption on your part.

          According to OSHA guidelines, the employer must react if violence is imminent or in practice.

          We don't know what was said or how it was said. What is a meaningful threat to you could have been an offhand comment to anyone else.

          It is very difficult to sue based upon what might have happened.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.