Encinitas, CA asked in Employment Law for California

Q: How can I protect myself from a hostile abusive co worker? Is it legal in California to carry a small pepper spray?

This is happening in a Walmart! Managers are aware and have met with her several times but to no avail, Every day is worse when she’s working! Yelling and throwing things across the room at other people!

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: There is a difference between an angry, moody and agressive co-worker, and a co-worker that has injured others and will likely injure others. The law does not require an employer to discipline or terminate an angry, moody, belligerent employee as none of that is unlawful. However, the employer is required to maintain a safe work environment for its employees. If it can be proved that this co-worker is an actual threat of violence then the employer may be violating its duty. Yelling and throwing things will not be enough unless you can establish that there was an intent to hit another employee.

Good luck to you.

Brad S Kane agrees with this answer

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