What are my rights and responsibilities when threatened by an employee of a major cell phone provider?

UPDATED: Oct 19, 2011

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What are my rights and responsibilities when threatened by an employee of a major cell phone provider?

My father was recently threatened by an employee of a major cellular provider after a heated discussion with multiple loud obscenities. We were escorted out of the mall by a understanding security officer but not before getting the name of the employee. He said “I will beat your *** into the ground.” I was wondering what my rights and responsibilities are since he is privy to much of our private information?

Asked on October 19, 2011 under General Practice, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You don't really have any "rights" until and unless something bad actually occurs: for example, the employee's threat does not give you the right to terminate your service contract or require the cell phone provider to delete all your information from its files.

Clearly, if any action--physical violence; harassment; identify theft; defamation; fraud or any form of theft--occurs and is traceable to this employee, you may have a cause of action (lawsuit) against both him and his employer. To strengthen any potential case against the employer, you should put them on notice of this employee's threats and actions--that way, they can't later plead ignorance or that he acted outside his employment. You and/or your father should annotate what happened in a factual sense (no hyperbole, no over-strong allegations, stick to provable facts) and send that in writing to the phone company, in some way that you can prove delivery (e.g. certified mail with delivery confirmation).

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.

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