Violent coworker

[[email protected]]

A coworker pulled a knife on a man. He has made verbal threats to the workplace in general.."It would be easy to blow everyone away". The company has a written no tolerance policy re: violence in the workplace. They have terminated people for doing MUCH less than this man. I survived a mass murder at work (Postal Service) and am now VERY distressed and have not been back to work since he was allowed to return. I am now on what the company calls disability. For one year, they cannot terminate me, but then they can and probably will. EEOC says they can't help. When the year is over, I would file a wrongful termination suit. Meanwhile, any ideas about what I should do? Thank you.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:

A coworker pulled a knife on a man. He has made verbal threats to the workplace in general.."It would be easy to blow everyone away". The company has a written no tolerance policy re: violence in the workplace. They have terminated people for doing MUCH less than this man. I survived a mass murder at work (Postal Service) and am now VERY distressed and have not been back to work since he was allowed to return. I am now on what the company calls disability. For one year, they cannot terminate me, but then they can and probably will. EEOC says they can't help. When the year is over, I would file a wrongful termination suit. Meanwhile, any ideas about what I should do? Thank you.<HR></BLOCKQUOTE>

My response:

There's not much more you can do. You've done everything you can to protect yourself. However, you could talk to your attorney about bringing an action against the company now, for "Constructive Termination" and other causes of action.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[[email protected]]

Constructive termination? I am currently still employed by the company, receiving pay and benefits. I'd appreciate a description of constructive termination. Thanks.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
Constructive termination? I am currently still employed by the company, receiving pay and benefits. I'd appreciate a description of constructive termination. Thanks.<HR></BLOCKQUOTE>

Yes, but in your condition and mental state, you can't just walk back into work, knowing that the other person is still there. Which means, a condition of the workplace is prohibiting you from going back to the workplace, and as such, you are "constructively terminated." But for your EEOC claim, would you still be getting paid. No. They are afraid of being sued, and have chosen the other employee over you.

CONSTRUCTIVE TERMINATION OF EMPLOYMENT--DEFINITION
A termination of employment by an employer may be either actual or constructive.
It is constructive when an employee resigns because an employer acting directly [or through persons effectively representing such employer, namely an [officer] [director,] [managing agent] [or] [supervisory employee]] either intentionally creates, or knowingly permits to exist, working conditions that are so intolerable or aggravated at the time of the resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign.
Adverse working conditions must be unusually aggravated or amount to a continuous pattern before the situation will be deemed intolerable. [Single, trivial, or isolated acts of misconduct by an employer are generally insufficient.]

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 29, 2000).]

 

[[email protected]]

Thank you. Does state law affect any of this.....is it possible that in my state there would be no recognition of construction termination? Or is this valid everywhere? I have not resigned, am getting full pay and benefits for a year. This was NOT their way of getting me out of the workplace....I have fabulous performance evaluations and have received special recognition awards. I've never caused trouble of any kind, and am a quiet conscientious employee. HE on the other hand, is not a good worker, is a former police officer who was fired, and has made many verbal threats over the months, and then ultimately pulled a weapon, mentioning hand grenades at home, more weapons out in the parking lot, etc. I feel that in two weeks, or four years, or never (maybe), he will "go off", either at work, home, in traffic. If I were your sister, what would you advise I do now....or would it be best to wait until terminated and then go to a wrongful termination suit. I'd rather settle things NOW rather than wait an uncertain year. The two employment lawyers I've spoken with by phone say "wait", but then again, constructive termination wasn't mentioned, and at the time, I didn't know about it. Thanks.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
Thank you. Does state law affect any of this.....is it possible that in my state there would be no recognition of construction termination? Or is this valid everywhere? I have not resigned, am getting full pay and benefits for a year. This was NOT their way of getting me out of the workplace....I have fabulous performance evaluations and have received special recognition awards. I've never caused trouble of any kind, and am a quiet conscientious employee. HE on the other hand, is not a good worker, is a former police officer who was fired, and has made many verbal threats over the months, and then ultimately pulled a weapon, mentioning hand grenades at home, more weapons out in the parking lot, etc. I feel that in two weeks, or four years, or never (maybe), he will "go off", either at work, home, in traffic. If I were your sister, what would you advise I do now....or would it be best to wait until terminated and then go to a wrongful termination suit. I'd rather settle things NOW rather than wait an uncertain year. The two employment lawyers I've spoken with by phone say "wait", but then again, constructive termination wasn't mentioned, and at the time, I didn't know about it. Thanks.<HR></BLOCKQUOTE>

My response:

I can only tell you my opinion, and my best guess, about States other than California with regard Constructive Termination. Obviously, you will, and you should, check it out in your State, but Constructive Termination is a concept in law that should have "no borders" because people all over the country are "forced out" of the workplace due to "conditions" all the time, and everywhere in this nation.

Now, from the way you describe the man, and your mental state, and the fact that your employer insists on keeping him in the workplace, I don't see how you could ever go back knowing he is there. I'm sure, and have no doubt, you have glowing work ethics, and you do your job exceptionally well. That's not the point. The point, from the way you describe the situation, is that your employer knows your situation, and knows the man's situation, and you have a credible fear, that is based on fact, for your safety and your life. If you can't go back to that workplace, and feel secure, then you've been Constructively Terminated - - despite the fact they are paying you. That won't last forever. Let's look at it this way: Your employer knows you, and your employer knows him. Given those situations, what has your employer done to get you back into the workplace? Nothing. Well, if the employer doesn't know what to do, then let's give your employer a reason to "get off the dime," NOW.

Good luck.

IAAL





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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[[email protected]]

Thanks again. I'm going to take your valuable infomation and ideas to an attorney and pursue this during the next week.