Terroristic Threatening

[jruff08]

What is the name of your state (only U.S. law)? KY
On December 30,2008 a co-worker threatened to break my neck and then challenged me to go outside to fight him. All of this happened right in front of my center manager, assistant manager, and several other co-workers. I looked to my manager to see what he was going to do about it and he simply said for us to stay away from each other the rest of the day, yet the co-worker that threatened me continued to make sure he walked near me in our company several times when he could have easily have went a different direction. The most that has happened to this co-worker is that he MAY be written up. I feel very humiliated, and uncomfortable now going to my place of employment because I know nothing is being done to rectify this matter. Is there any legal options I can take against my company?

 

[eerelations]

1. This is not in any legal sense a "terroristic" threat. Terrorizing maybe but definitely not terroristic.

2. All your employer is legally obliged to do is try to make sure this coworker doesn't actually physically assault you while on company property. Since your coworker hasn't actually physically assaulted you while on company property, your employer is legally doing just fine in this area.

3. Your employer is not legally required to discipline your coworker in any way, nor is it legally required to discipline your coworker in a manner that satisfies you.

4. You have no legal recourse against your employer in this matter. You may call the police about your coworker if you wish, however, keep in mind that your employer may legally fire you for doing so.

 

[cbg]

And unless you are in Human Resources or have access to the employee's personnel file, you have no idea what action the employer may have taken. Another thing the employer is not required to do is make disciplinary actions public or tell you what action they took.

 

[jruff08]

So then tell me, how is screaming at the top of your lungs and lunging in a persons face threatening to "Break your F__king neck!!!" NOT considered Terroistic Threatening? I mean it seems to fall in the catagory of
Kentucky Revised Statutes: 508.080 TERRORISTIC THREATENING IN THE THIRD DEGREE
(1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when: (a) He threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person; or (b) He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation.
(2) Terroristic threatening in the third degree is a Class A misdemeanor.

I mean Breaking someones neck seems to me to be serious physical injury, doesn't it to you?

 

[eerelations]

Okay, I'm not going to argue over semantics - if you want to call it a terroristic threat, then feel free to do so.

However, whatever you call it doesn't change the fact that your employer is only responsible for trying to ensure this coworker doesn't actually physically assault you while on company property. And again, since your coworker hasn't actually physically assaulted you while on company property, your employer is legally doing just fine in this area.

And again, your employer is not legally required to discipline your coworker in any way, nor is your employer legally required to discipline your coworker in a manner that satisfies you.

And finally, you have no legal recourse against your employer in this matter. You may call the police about your coworker if you wish, however, keep in mind that your employer may legally fire you for doing so.

 

[Beth3]

So then tell me, how is screaming at the top of your lungs and lunging in a persons face threatening to "Break your F__king neck!!!" NOT considered Terroistic Threatening? I mean it seems to fall in the catagory of
Kentucky Revised Statutes: 508.080 TERRORISTIC THREATENING IN THE THIRD DEGREE
(1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when: (a) He threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person; or (b) He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation.
(2) Terroristic threatening in the third degree is a Class A misdemeanor.

I mean Breaking someones neck seems to me to be serious physical injury, doesn't it to you?

If you think this co-worker has committed a crime, then call the police and file a complaint. Even if he has violated a criminal statute, that still does not require your employer to take any action.