Husband verbally assualted and then beat up at work by temp employee

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bcallahan

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My husband was workig in upstate NY on an out of town job for his employer. This employer had hired temp employees to work along side the permanent employees. One of the temp employees verbally assualted one of my husbands coworkers about 5 weeks a go. Stating, "I will kill you and your family." This was reported to the foreman and there was no action taken. Last week this same temp employee got upset with the foreman because the foreman was telling him he was lazy and needed to pull his weight. The temp got upset and started telling my husband he was lazy and he was going to meet him outside at 5:30 to kick his ass. The foreman witnessed this, talked to the temp and let him go back to work. Then, 30 minutes later My husband was in the basement with his coworker and they ran into the temp. The temp started threatening my husband again. My husband stated, you are not worth my time and walked away. At that point the temp jumped him from behind. My husband fell to the ground while this guy was beating him on the face. The temps son then came in and started kicking him in the head. My husbands coworker finally got these guys off of him. They ran upstairs to let the foreman know what had happened. The foreman asked my husband to go find the guys so he could talk to them. He talked to the temps and let them leave the site. He did not call an ambulance or the police. My husband called 911 when the police showed up they called an ambulance. He has a broken finger and just had surgery yesterday. He had to get 3 pins and a plate in his finger. He will be on light duty for 2 months. My concern is that this was 100% preventable and feel the company is liable in some way. This guy should have been kicked off of the job when he made the first or second threat. Is there any legal action we can take against his employer?
 
Very possibly. This employer was, IMHO, just plain stupid to continue to allow this individual to work. See an attorney.

Also, did your husband file a police report?
 
The employer does have a duty to provide a safe working environment, especially in this case, since they not only had reports of the aggressiveness of and threats by this employee, but had apparently seen it themselves and did nothing.

So, did the aggressor quit, get fired, or just not show up one day?
 
After the incident he (and his son) were talked to by the foreman and asked to leave the job. The PM called the temp company and told them they were let go.
 
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