Is it legal for a manager to threaten to “beat the shit” out of an employee?

[Anonymous]

There are plenty of times I wanted to say this to people at my former job when I was provoked but I refrained. I’ve never had someone say it to me because they know it would be a very bad idea. If I happened took them up on their threat it would most likely end very badly for them (I’m a ex pro mma fighter). But I’ve had people “ride the line” with testing my patience on this.

Anyway the job I’ve had for the last 8 years has been overall great. This isn’t about me. It’s about a friend who I attend an anon group with. He came in tonight very upset about his manager who has been calling him obscenities and threatened “to beat the shit out of him” with no provocation. However he just can’t just quit his job. We are both recovering compulsive gamblers and getting out of debt. He’s wife is pregnant and expecting to deliver in a few months.

I told him he needs to document everything this dbag is saying and secretly record him. I also told him to get in touch with a lawyer. I do know it’s unfortunately perfectly legal for bosses to verbally abuse their employees. But actually threatening to physically harm them is a different story.

But can a company be sued if a manager (not jokingly) threatens to physically harm an employee?

[molonski2]

I think you've answered your own question , this boss can't do any of that , however the difficulty may be in the proof , document everything , take photos or vids if possible , probably HR is a waste of time but there may be somebody else?

Wishing you well with your addiction , thats a nasty problem that destroys families.

[Asker]

Yeah he is only recently gotten clean (30 days) and I’ve been clean for 1.5 years. The first 90 days are hell. Your brain is literally rewiring. But he obviously isn’t thinking clearly.

He kept going off and complaining about it which is fine because he is ventilating. But I also told him “you can either get mad or get even”. He claims he’s documented and even recorded his boss. I told him he should get a secret recorder and do it whenever possible. Get all the evidence possible.

He also believes it will be a career ender if he blows the whistle and gets settlement. Believes he will be missing out on millions in future earnings.

I told him that even if that’s true (and I doubt it is) there is no substitute for self respect. I get it he can just punch the guy in the face and quit given the financial constraints he’s under. But there is an old saying “better one in the bag then 10 in the bush”.

This hits hard at home with me. I had to tolerate abusive work environments because I was desperate for money in the past (not from gambling but just to make ends meet when I was young). It sucks when you are financially captive. But if this guy really did threaten to physically harm him I imagine that would hold up in a civil lawsuit.

[Asker]

*He can’t just punch

[molonski2]

Yes and extremely difficult circumstance that needs to be handled with a tactical play , and great recordings , pictures that clearly identify the individual involved.

[inhua]

probably not

but I wouldn't put too much stock in it

there's a lot of fake tough guys who talk the talk but don't walk the walk

worst comes to worst, if they throw hands, you know what to do

[Wonderingguyy]

If there is proof of this behaviour from the manager, he could definitely get into some serious trouble. Secretly Recording him saying these things is a great idea.

[Anonymous]

Depends where you live. In California a verbal threat can be considered assault.

[Anonymous]

No, that is verbal assault.

[Asker]

I told him he needs to get a secret audio recorder. Also told him to actually look forward to his boss saying this again so he can collect the evidence.

I’ve had some absolutely horrible bosses but never had one seriously say something like that. But I have the advantage of them knowing it would be a bad idea. He doesn’t. He isn’t a tough guy / athlete. Feel bad for him.