What constitutes a threat? And what does that mean?

[Splicer]

What is the name of your state? California

Approximately one hour ago my employer went in to a tirade and in the course of shouting at me violently kicked the office door. The kick was not in my direction and it was not a direct attack in any way. When I said that I would not stand for physical threats, he said "it's my office, I'll break whatever I want."

I have to wonder if the next time it will be my face, and yes, I've read this forum enough to know that "get another job" is the answer. I'm working on the job hunt.

I know it's not illegal for an employer to be a jerk and I know that "hostile environment" doesn't refer to actual hostility. Still, I'm wondering what my other options are. Who knows how long it will take me to find another job? In the meantime, do I have to put up with this kind of treatment? If I walk off the job site or provide notice, I'll have quit and won't be eligible for unemployment benefits while I look for new work. Is this correct?

 

[JETX]

Who knows how long it will take me to find another job?

I don't. Anyone else want to guess??

In the meantime, do I have to put up with this kind of treatment?

No. You can certainly go home....

If I walk off the job site or provide notice, I'll have quit and won't be eligible for unemployment benefits while I look for new work. Is this correct?

Pretty much.... yep.

 

[Beth3]

Who knows how long it will take me to find another job? Exactly. Which is why it's seldom a good idea to quit a job until you have a new one lined up.

In the meantime, do I have to put up with this kind of treatment? Yes. Your boss's behavior, while very childish, did not violate any laws.

If I walk off the job site or provide notice, I'll have quit and won't be eligible for unemployment benefits while I look for new work. Is this correct? Yes, that's correct. You weren't personally threatened and it is highly unlikely that the boss having a temper tantrum will constitute "good cause" for you to quit and be granted UC benefits.

 

[Splicer]

Yes, that's correct. You weren't personally threatened and it is highly unlikely that the boss having a temper tantrum will constitute "good cause" for you to quit and be granted UC benefits.

What constitutes a threat? Will he have to actually strike me? Hit something near me? It's very clear to me that he is threatening me with physical violence if I don't comply. If he strikes something that's near me, is that legally a threat? Or is he right when he says "it's my office, I can break whatever [deleted] I want."

I have not walked off the job and I have not given notice. I've chosen to continue in this environment until I can secure another position, and I'm willing to take responsibility for that choice. Since I'm remaining in the situation do I lose any right to recourse if he does strike me?

 

[Beth3]

Obviously if he actually hits you, it's assault. If his behavior falls short of that, then I suppose there may potentially be some criminal code violations but that's really a question for the Criminal Law Board. Threatening an employee (whether with violence or with termination) doesn't violate any employment laws.

 

[Splicer]

Obviously if he actually hits you, it's assault. If his behavior falls short of that, then I suppose there may potentially be some criminal code violations but that's really a question for the Criminal Law Board. Threatening an employee (whether with violence or with termination) doesn't violate any employment laws.

And even if he assaults me, it sounds like that's simply a criminal violation and I'll still need to find a new job before leaving this one, because quitting would still disqualify me from collecting unemployment benefits.

Pardon me if I sound paranoid here, but I can't discount the possibility that he will lose control again. The health insurance listed in my employment agreement ("this is not a contract" so he hasn't broken any laws there, just a non-binding promise) has yet to materialize so any injury--even a trip to the ER to make sure I don't have a serious injury--could be a very serious financial problem for me.

 

[Beth3]

Actually, if you quit because your boss assaulted you, that almost certainly would qualify as "good cause" to quit and still be eligible for unemployment benefits.

Actually, I once had a boss who had an out-of-control temper. He'd get off the phone with his boss, pick stuff up off his desk and throw it. I'd not infrequently hear the sound of a glass ashtray or coffee cup shattering against the wall, accompanied by a lot of cursing. Since I was just out of college it scared me silly, although I never really thought he'd hit me. He'd just come to my office and yell as he continued to vent.

I finally took to locking my office door until he calmed down.

If he gets in one of those "moods" again, personally, I'd leave the room or climb under the desk.

 

[cbg]

And only about eight years ago I worked for a company where the chairman of the board of directors had a temper like that. It was by no means unusual for him to be throwing phones and furniture around the room, and my office was right across the hall from his.

When he got into that kind of mood I usually either decided to inventory the supply closet, come up with a question to ask my boss, or chat with the girls in Accounting, till he calmed down. Which rarely took long.

 

[matti422]

Also, if he hits/kicks/throws anything and it hits someone instead, it is still battery, regardless of if he intentd to harm anyone or not.

I like the suggestion of taking cover if he goes into one of these rants again. If he asks why, tell him you are trying to mitigate damages for any future lawsuit.

 

[Splicer]

Thanks everyone.

Of course, walking away doesn't help much when he's shouting at me. If he was yelling at someone else and started kicking things I wouldn't be concerned about my safety (maybe theirs!).