San Antonio, TX asked in Criminal Law and Employment Law for Texas

Q: Can I file charges against him or can he sue my bussiness. Or take any legal action

A employee of mine got in a anothers co workers face. And launched verbal insults and threatened to hurt him and the employee he threatened punched him and pulled out a knife. quit and walked out citing fear for his life. . After calming down. Can I file charges against him or can he sue my bussiness.? Yes I was aware he carried his knife on himself at all times. Texas by the way.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Anyone can sue anyone else for anything. Whether or not they win is a different story. Did you provide an unsafe work environment? Who knows! Talk to an attorney who practices civil law.

As for criminal law, an imminent threat to do something that causes pain is Assault. In most situations, it is the lowest misdemeanor like a speeding ticket, but still a crime. Since it caused an immediate breach of the peace, the person who did the initial threat also committed the crime of Disorderly Conduct, which is also the lowest level of misdemeanor.

Things get more complicated for the person who protected himself with a punch and by brandishing a knife. The Texas law of self defense might, or might not, apply to this situation. If it does he is in the clear, if not he could be charged with a higher level of assault for inflicting pain.

As a private citizen, you can choose to REPORT the situation to law enforcement, but they will determine who to file charges against, if anyone. However, since it was not a felony involving a serious injury, you have no legal DUTY to report it. Talk to your business attorney (civil) about whether reporting it could have any impact on your liability insurance.

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