Is threatening an employee grounds for termination?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is threatening an employee grounds for termination?
A supervisor indirectly threatened a pregnant employee’s life by saying to someone, “How much trouble could I get in for killing a pregnant woman?”
Asked on May 19, 2011 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Oddly enough, threatening an employee does not require that an employer terminate a supervisor--though certainly, it would constitute grounds for termination for cause if the employer wanted to terminate this person. Also, if that supervisor did not have a contract, he or she would be an employee at will and could be terminated by the employer at essentially any time, for any reason. So the answer is, the employer should be able to terminate this supervisor, if they choose to, but they are not required or obligated under the law to do so. However, it would certainly be prudent for the employer to investigate the claim, and, if the claim of the threat is substantiated, terminate the person--if they do not, and she or he causes injury, the employer could find itself liable. Also, threatening a pregnant woman could implicate anti-discrimination/anti-harassment laws, again providing liability against the employer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.