Receiving threatening messages from a former employee: a practical response guide

The departure of an employee doesn’t always signal the end of contact. In some cases, particularly where the departure was involuntary, or where there is an unresolved grievance, former employees continue to make contact, sometimes escalating into threatening or harassing behaviour.

The challenge for businesses in this situation is distinguishing between types of contact and responding appropriately to each. A former employee who has a legitimate unfair dismissal claim is different from one who is sending threatening messages. The response to each is different, and confusing the two can create problems.

Types of contact from former employees

Understanding what kind of contact you’re receiving shapes your response:

Grievance or formal claim

Contact through formal channels (the Fair Work Commission in Australia or the EEOC or a state agency in the US, a lawyer’s letter, an anti-discrimination complaint) is legitimate process. Even if the claim seems unfounded, it usually needs a response through the proper process, and a lawyer can guide you. Ignoring it tends to make things harder.

Angry or emotional contact

Direct messages expressing anger, betrayal, or frustration, but not threatening, are uncomfortable but not necessarily grounds for police involvement. Respond with a brief, professional message directing the person to the appropriate channel (their lawyer, or Fair Work in Australia) and noting that direct contact with staff is not appropriate. Document everything.

Threatening or harassing contact

Messages that threaten physical harm, damage to the business, harm to staff, or that constitute a course of harassing conduct, require a different and more immediate response. This is where legal and potentially police involvement becomes necessary.

False claims to clients or online

Contact designed to damage the business’s reputation (false reviews, false claims to clients, social media campaigns) can sometimes raise defamation issues, and a lawyer can tell you whether it does. In the US, our guide to cease and desist letters explains one common first step.

Immediate steps when threats are received

If threatening messages are received, by any member of the business, through any channel:

1. Do not respond to the threatening content. Do not engage, argue, or defend.
2. Notify your HR manager, company owner, or whoever handles these situations in your business immediately.
3. Consider getting legal advice early. Even if you’re not sure the situation will escalate, early advice is usually more useful than late.
4. Preserve all messages in full. Do not delete anything, even messages that seem minor.
5. If the threats involve physical harm and appear credible, contact police immediately.

What to preserve and how

Your record of the contact is central to any legal action you may need to take. Preserve:

• All messages in their original form, with timestamps and sender details
• Any voicemails or call logs
• Social media posts or messages
• Any contact made to clients, suppliers, or other third parties (ask them to forward or screenshot)
• A log of any in-person contact or attempts to enter the premises
• CCTV footage if relevant (check your retention settings)

Store this material off the company systems if possible: on a personal device or in a separate secure account. Ensure your IT team knows to preserve relevant email records and is not inadvertently deleting anything.

Legal options

Police report

For threatening messages, you can contact police and make a formal report. A police report creates an official record. Police can investigate and may recommend charges under criminal harassment, stalking, or threat-related offences.

Intervention orders

Businesses and individuals can apply for personal safety intervention orders (Victoria), AVOs (NSW), violence restraining orders (WA), and their equivalents in other states. These can prohibit the former employee from contacting the business, its staff, or attending the premises. Police can also apply on your behalf. In the US, the equivalent is a protective or restraining order, and the rules (including whether a business can apply) vary by state. Our US guide explains the basics, and a lawyer can tell you which option, if any, fits your situation.

Injunctions

In serious cases, a court injunction can restrain specific conduct, particularly useful for online defamation campaigns or contact with clients. This requires civil court proceedings and legal representation.

WorkCover

If staff are experiencing psychological harm as a result of threatening contact, a WorkCover claim may be appropriate. Your HR and legal team can advise.

Protecting the business

• Review who has access to business contact details and whether those details are publicly accessible
• Consider whether your business address needs to be less prominent if physical safety is a concern
• Update any shared logins or passwords that the former employee may have known
• Notify your IT team to revoke all digital access if not already done
• Consider whether a public-facing relay contact point (rather than direct staff numbers and emails) would reduce exposure. Our guide to hostile business communication tools compares the options.

Protecting staff from contact

Current staff may also receive contact from a threatening former employee. Steps to protect them:

• Brief relevant staff on the situation: they should know what’s happening without being alarmed unnecessarily
• Tell them not to engage and to report any contact immediately
• Make clear that they should not feel obligated to respond to former colleague contact if they find it distressing
• If individual staff members receive threatening messages, they may be able to apply for a protection order themselves, and a lawyer or police can explain the options. Our guide on documenting workplace harassment explains what they should keep.
• Consider whether an employee assistance programme (EAP) is appropriate to support affected staff