What should I do if my employer assaulted me at work?
Out of rage, my employer struck me in the face at work. There has been similar behavior in the past. The police were called and a report was filed. The officers said that the charges would likely stick. Should I seek some sort of civil action against my employer as well? Would I need an employment lawyer or a personal injury lawyer for a case like this?
Answered By: Andrew T. Velonis, P.C.
What you should do is entirely up to you. But yes, you can file a lawsuit to recover damages under the circumstances you describe. But: you use the term "employer". Did he employ you directly, or was he a supervisor who was employed by a company that you worked for? You can sue him personally in either case, but if you both worked for a company, you can't go after them. Normally, civil assault cases aren't worth pursuing, but if the defendant has assets, this may be the exception.
Answer Applies to: New York
Replied: 11/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Pospis Law, PLLC
What you have described likely constitutes the intentional tort of assault and (given the actual contact) battery. You may have employment-related claims as well, particularly if you were, for example, subjected to discrimination based on one or more protected characteristics (age, race, sex, etc.) or deprived of earned wages.
Answer Applies to: New York
Replied: 11/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ballon Stoll Bader & Nadler, P.C.
You should immediately file a police report. From the facts given, an employee who is assaulted on the job has civil claims as well, that can form the basis for a civil law suit. Yes, such an employee would need an attorney to pursue the case. Ideally the attorney would have solid experience in both employment and personal injury law.
Answer Applies to: New York
Replied: 11/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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