If an employee feels threatened by words that have been said to him that are not based on race, sex, can they sue?

As we often say, anyone can sue for anything. But whether a case is actionable or will be, ultimately, successful depends on the facts, which are pretty vague here. True, words that are not of a sexual, racial or other discriminatory nature may not be actionable under the Fair Employment and Housing Act. But threats of physical or imminent harm may be alleged as an assault, depending on the circumstances. Of course, the employee will need to show damages as a result. These do not usually make for great cases but that may not stop an employee from taking whatever action they believe is necessary. We also operate under the legal concept that employers must provide a healthy and safe work environment. If an employee can prove that you, as an employer, are not doing so, there could be consequences. If you believe your employee is going to sue you or file a report with some public agency, you would be well served by seeking some legal advice from an attorney who represents management.

In most cases, an employer is not liable under the law for the misconduct of one employee toward another employer unless the employer had knowledge of the situation, or should have reasonably foreseen the problem, and failed to promptly make reasonable efforts to correct the problem. You haven't provided any facts on which to evaluate whether the employer here should or could have prevented this situation. You also haven't given any of the facts necessary to evaluate whether the employee's refusal to return to work is reasonable based on the alleged threats. If the employee's concerns are not well-founded, based on a test of reasonableness, the employee can simply be terminated for abandoning the position or for failure to show up for work as required. If there is a reasonable basis for the employee's fears of harm, then it is employer's legal obligation to promptly and effectively correct the situation so that the employee can return to work without fear of harm. At every step of the analysis, the test is reasonableness.

While such words are not afforded protection under the California Fair Employment & Housing Act, the California Labor Code does protect employees from an unsafe work environment. If the boss is making threats of physical violence against you, he is creating an unsafe workplace. Any employer does have to provide a safe workplace. Since I do not know the nature of the threats, it is hard to determine whether you are protected. If there are threats of physical violence, you could refuse to come to work which may amount to a constructive discharge. However, these doctrines are very complicated and you should consult a lawyer to determine whether any protection is afforded to you. When you do see a lawyer make sure that you provide a detailed timeline; witnesses to the comments; and the specific comments. These cases really turn on the facts.

You should immediately contact an attorney and conduct an independent investigation. Please note: This message is not legal advice and does not create an attorney client relationship.