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A legal Question

Discussion in 'Off Topic' started by RVTECH, Jun 8, 2011.

  1. RVTECH

    RVTECH LaPine Well-Known Member

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    I would like a question answered from someone with the proper knowledge. I am not looking for legal advice just if it is something that can be pursued - I witnessed an employee threaten another this afternoon. The threat was 'Don't get in my face or you may get knocked on your a$$' The recipient of the threat was not at all presenting threatening posture, just trying to talk to the other. My question is, is threatening someone in this manner chargeable under any specific Oregon law or statute?
     
  2. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    All I see is a possible hostile work environment issue to be addressed by the management.
     
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  3. elsie

    elsie Way over there on the left Well-Known Member

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    Oregon: 163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

    (2) Menacing is a Class A misdemeanor. [1971 c.743 §95]

    Whether or not that's considered "serious physical injury" would be the real question.


    elsie
     
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  4. lowly monk

    lowly monk Beaverton, Oregon. Just a guy. Bronze Supporter

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    In my hiring process, I signed a document that states, Any threatining behaviour towards employes or others is grounds for dissmisal. Check company policy also.
     
  5. drew

    drew OR Well-Known Member

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    It would be a stretch. Threatening other types of beatings could qualify though.

    ORS 161.015 General Definitions

    (8) “Serious physical injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
     
  6. EMP9596

    EMP9596 Two Trees West of Camas, WA. Active Member

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    Had one of those happen on a job site in the mid 90's and both parties were under my supervision.
    The reciever filed a complaint with the company and the police as it was a documented repeat preformance for the guy.
    The other party was arrested and booked for assualt with intent to commit bodily harm which he definitly did with witness's present. The company handled the legal end of it and not much was said, but we had an employee who did not return to work.

    I'm no lawyer but have been to a buttload of seminars where this stuff is touched on.

    Here is a little guideline input:
    Assault and Battery
     
  7. elsullo

    elsullo Portland Oregon New Member

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    You should talk to both employees separately to state that this is intolerable---and document the conversation with a signed receipt statement from each of them. You need to be able to prove that you took action to prevent a continuing "hostile workplace" situation, no matter how trivial this exchange was. I served as an alternate juror in a civil trial where an abused employee sued both his abuser AND his employer for allowing the situation to continue without stopping it---he won big damages from his employer, even though the jurors sympathized with the boss...............................elsullo
     
  8. billcoe

    billcoe PDX Platinum Supporter Platinum Supporter

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    This is what comes of letting lawyers write all of your laws and company manuals. How the heck do construction workers even get a damn thing done these days is beyond me.
     
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  9. elsie

    elsie Way over there on the left Well-Known Member

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    True. I guess it would depend on how hard your posterior came in contact with the ground (in the OP)


    elsie
     
  10. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    that's not a threat... if he'd said he's GOING to knock the other on his ***, it might qualify for harassment, but that'd be a stretch too.

    this isn't a crime... im sure there's more to the dynamic between these two, or you wouldn't be posting, but based on the criteria given you have nothing.
     
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