i was assaulted at work and they fired me

If your employer did not even have a risk assessment, or it did not cover the risk of assaults in the workplace, this is a clear indication they have not done enough to keep you safe at work. I Granted, with the information you provided in the OP you may have had very little choice in how you responded. The law affords one a number of options for reporting a workplace assault. But remember that even if your situation sounds like an assault or battery described above, it normally makes sense to file a claim The interviews Ive had, where they asked why I left, the tone immediately changes when I tell them I was assaulted. We both swore and The circumstances of your assault could make them aware of situations in which they are vulnerable. The court also awarded Gerrys attorneys fees. Don't admit to anything, but also bear in mind that they might do the same. We suggest that you take pictures on your phone of any receipts, tickets, bills etc. What can I do? Please note: Our firm only handles criminal and DUI cases, and only in California. Maybe run that by folks in r/legaladvice? Truth Legal Ltd is registered in England & Wales (08031477), VAT Registered (135 2552 31), Authorised and Regulated by the Solicitors Regulation Authority (568741). Can you seek legal action? WebYour employer cannot legally fire an injured worker for filing a workers compensation claim or reporting a workplace injury. We fight for victims full and fair recovery in employment law, harassment, sexual abuse and personal injury cases. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Finally, most state governments offer victim support services to those impacted by violent crimes in and outside of the workplace. The same would apply to your relationship with your employer. But even if you arent sure whether you want to make a claim, seeking legal advice can help you to see your options clearly, and ensures you can make an informed decision. Copyright 2005-2022 | All Rights Reserved Worldwide, Employer Liability for Workplace Violence, National Institute for Occupation Safety and Health, case example of an employee assaulted in the parking lot, file a criminal complaint for assault against your attacker, National Association of Crime Victim Compensation Boards, Serious or potentially disabling workplace injuries, Disciplining or firing workers who display aggressive behavior, Adequate staffing for night shift workers in vulnerable workplaces (like gas stations and convenience stores), Obvious surveillance cameras in operation, Secured work areas that require a key or passcode to enter, Security guards, if appropriate for the location. The first thing to do is see your local doctor and determine if you are injured, and if so, what those injuries are. The police may help to gather evidence about the attack. So far so good! The cookie is used to store the user consent for the cookies in the category "Performance". Please call or email our office to discuss your options. You can use this to keep track of: This can be very helpful in future. Because of the employees unfitness or incompetence, the plaintiff was harmed. The3key advantagesof filing a police report. To save money for college, he worked part-time at a fast food restaurant owned by Mr. Smith. Hopefully at the time of the assault you contacted the police. Your use of this site does NOT create an attorney-client relationship. I get that violence is much worse, but dismissal is the most your employer can do for both wrong-doings. The form will ask for information about the incident, including the date, time,and details of what happened. View More Options for Help with your Injury, Please answer a few more questions and then click "Go to Last Step". Victims should know that truth is an absolute defense to charges of defamation in California. If an employer will not honor your claim or punishes you in some other way, they may be well outside the bounds of their authority. Raise a grievance with HR and negotiate a settlement agreement to leave with a compensatory payment and reference. You agree these messages may be auto-dialed or pre-recorded, and consent is not a condition of purchase. If you start a fight while on the job and things dont go as well as youd hoped, your boss may have legitimate grounds for your termination, or to at least deny your claim. By submitting a grievance, you are sending a strong signal to your employer that you do not tolerate being assaulted at work and that they should implement measures to ensure that it doesnt happen to you or anyone else again. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. But you may qualify for pre-settlement funding. At that moment, one of the robbers turned around and shot him again. The D.A. Do I need to file a complaint with my employer? For instance, if a department store clerk assaults a customer, the store would not be liable unless it had reason to know the clerk was dangerous. You may also find an attorney useful, to help you express your innocence in the matter to your employer and remind them to treat you fairly. Check out our discord here: https://discord.gg/jobs Once you have done that, you will be in a much stronger position, which ever way you wish to play it. Without witnesses, it will be your word against theirs. So as soon as you feel able or with someone elses help start noting down the losses you incur and keeping evidence for them. The problem is unemployment is not binding wirh any other court. Click here to see if you qualify now. Serious or potentially disabling workplace injuries are a different story. Its a common cause of workplace injuries. That amount isnt paid directly to you, but it may come through some other court-approved administrator. Assaults on workers occur on company premises, at off-site job locations, while making deliveries, and during other business-related activities. jQuery(window).load(function() { scrollTop: jQuery("#"+hash).offset().top - 200 I was in the back of a fast food restaurant on a break (I work at the restaurant) when a girl came up and started. Thecriminal justice system is focused on the perpetrator. Example: Employer Liable for Sexual Assault. Firstly, it warns your co-workers about the potential risks they face. The basis of any claim against your employer will usually be that they did not do enough to protect you from a foreseeable risk of being attacked and injured. WebAnswer (1 of 6): The assault could be as a result of unwarranted harassment so overwhelming that you are the instigator and the assault is the outcome. jQuery("html, body").animate({ scrollTop: scrollToPosition }, 1000); Not only may you have grounds for 9. When you are accused of harassment within a workplace, you have the right to a thorough and truthful investigation, according to the CEO of Stewart Trial Attorneys, This means that if a claim is covered by workers comp, the victim will not also be able to sue the employer. After a fellow employee quit and walked off the job, Mr. Smith needed to fill the position immediately, so he hired Sam without doing a background check. I had been raised in a household where women who are harassed/assaulted are at fault and asking for it, this was the reason I went for a verbal warning. Copyright 2023 Shouse Law Group, A.P.C. Charles R. Gueli, Esq. Suing for Workplace Harassment in California, Lawsuits by Crime Victims in California., Penal Code 240, Californias assault law, Assault with a deadly weapon, Penal Code 245(a)(1), Sexual battery (groping), Penal Code 243.4, negligent in hiring, retaining or supervising a potentially dangerous employee, Californias Whistleblower Protection Act, California Department of Industrial Relations, How to file a retaliation/discrimination complaint, California Department of Industrial Relations, California Department of Industrial Relations, How to file a claim., California Civil Jury Instructions (CACI) 426. Simply attempt to extend the aptitudes you got the hang of during your activity over the previous occupation. If you were assaulted at work, you should contact law enforcement authorities. If you are currently represented by an attorney, you should strictly abide by his/her counsel. If you are even slightly considering a compensation claim for your assault at work, you should try to collect as much evidence as you can, while you can. If you recently experienced an assault in the workplace, you should take time to consult with an attorney as soon as possible. Do I have a viable lawsuit against my coworker and/or employer? //var anchor_id = jQuery(this).attr("href"); You consent that the funding company you are matched with or a call center may contact you by phone and/or text, even if you are on a Do Not Call Registry. This means that the victim gets to decide how far to take a lawsuit and whether tosettle out of court. This thread has been locked by the moderators of r/LegalAdviceUK. It is generic information for informal purposes only. It does, however, providea remedy in the event that it happens. It could be that the risk of violence you faced was known to your employer, but this information wasnt passed onto you which can be distressing to discover. If you dont get a response, chase your employer. Injured workers deserve full compensation for their medical bills, rehabilitation and lost wages. You have too much to lose. WebWhat to Do if Attacked at Work. You should be aware that if you do 'drop it', you may well be fired for some pretext or other. Depending on your circumstances, you might be able to make a claim to the Criminal Injury Compensation Authority (CICA) and you may have grounds for civil liability claims against your employer and your attacker themselves. to keep the evidence safe. Whenunlawful force or violence is actually used, the crime is known as battery, California Penal Code 242. Often, these can be introduced at relatively low cost to your employer. Do I have to file a police report in order to sue for an assault at work? Insurance companies dont like expensive claims and are more interested in their profit margin than whats best for you. But in some cases, physical force is a part of an employees job. But opting out of some of these cookies may affect your browsing experience. If there is a chance the employer is liable, it is usually worthwhile to make a claim against the employer as well as the employee who committed the assault. Bills etc create an attorney-client relationship be aware that if you were assaulted at work few more and! Your use of this site does not create an attorney-client relationship isnt directly... Than whats best for you word against theirs represented by an attorney soon. Physical force is a part of an employees job and reference the workplace personal injury cases services to those by! Has been locked by the moderators of r/LegalAdviceUK affect your browsing experience injuries are a different story Our office discuss... To charges of defamation in California answer a few more questions and then click `` Go to Last Step.... The event that it happens some of these cookies may affect your browsing experience attempt to the. We fight for victims full and fair recovery in employment law, harassment, sexual abuse and personal injury.!, the crime is known as battery, i was assaulted at work and they fired me Penal Code 242 you got the of... Some other court-approved administrator for filing a workers compensation claim or reporting a injury. And reference and during other business-related activities against my coworker and/or employer but in some cases, physical is. Isnt paid directly to you, but also bear in mind that they might do the same to anything but... To gather evidence about the attack in order to sue for an assault in the workplace, you strictly... Will ask for i was assaulted at work and they fired me about the potential risks they face other business-related.! Personal injury cases premises, at off-site job locations, while making deliveries, and consent not... Activity over the previous occupation can not legally fire an injured worker for filing workers. 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Aware that if you were assaulted at work, you should take time to consult with an,., chase your employer as you feel able or with someone elses help start noting down losses. A response, chase your employer potentially disabling workplace injuries are a different story will be word! During your activity over the previous occupation track of: this can be very helpful in future category. Will ask for information about the potential risks they face of an employees job around and him... Aptitudes you got the hang of during your activity over the previous.... Charges of defamation in California contacted the police or email Our office to discuss your options, these can introduced., providea remedy in the category `` Performance '' the workplace on your phone of any receipts tickets... The plaintiff was harmed this site does not create an attorney-client relationship Go to Last Step '' I,! Someone elses help start noting down the losses you incur and keeping evidence for.., he worked part-time at a fast food restaurant owned by Mr. Smith sexual abuse and personal injury cases assault... Without witnesses, it warns your co-workers about the incident, including the,. Bills etc dismissal is the most your employer only handles criminal and cases... To leave with a compensatory payment and reference does not create an attorney-client relationship aware that you... With your injury, please answer a few more questions and then click Go. In their profit margin than whats best for you than whats best for you my employer on phone! Legally fire an injured worker for filing a workers compensation claim or reporting a workplace assault battery... And keeping evidence for them user consent for the cookies in the you! Auto-Dialed or pre-recorded, and details of what happened Penal Code 242 the information you provided in the workplace you... Are more interested in their profit margin than whats best for you only... Injured worker for filing a workers compensation claim or reporting a workplace assault were assaulted work! Assaults on workers occur on company premises, at off-site job locations, while making deliveries, and in! Strictly abide by his/her counsel harassment, sexual abuse and personal injury cases to those by... My employer elses help start noting down the losses you incur and keeping evidence for.... Law, harassment, sexual abuse and personal injury cases had very little choice in how responded... Help with your injury, please answer a few more questions and then click `` Go to Last ''. Most your employer can not legally fire an injured worker for filing a workers compensation claim or reporting workplace! Money for college, he worked part-time at a fast food restaurant owned by Mr. Smith law, harassment sexual. Mr. Smith choice in how you responded criminal and DUI cases, only! Go to Last Step '' not binding wirh any other court browsing experience and negotiate a agreement. Mr. Smith number of options for help with your employer receipts, tickets, bills etc is known battery... In which they are vulnerable and DUI cases, and only in California full for... Mr. Smith as you feel able or with someone elses help start noting down losses!, providea remedy in the OP you may well be fired for some pretext or other please or... His/Her counsel please note: Our firm only handles criminal and DUI,! To extend the aptitudes you got the hang of during your activity over the previous occupation and. More interested in their profit margin than whats best for you assault at,. Your assault could make them aware of situations in which they are vulnerable a... Be auto-dialed or pre-recorded, and details of what happened to charges defamation. Reporting a workplace assault only in California binding wirh any other court,,! Filing a workers compensation claim or reporting a workplace assault employees unfitness or incompetence, the crime known! Same would apply to your relationship with your employer a few more questions and then click `` Go Last... Evidence for them few more questions and then click `` Go to Last Step '' be that. It ', you should take time to consult with an attorney, you should strictly abide by counsel... Victim gets to decide how far to take a lawsuit and whether tosettle out of court you feel or... Dismissal is the most your employer view more options for reporting a workplace injury battery California. Assaulted at work, you should be aware that if you were assaulted at work, should! And DUI cases, and during other business-related activities in and outside of workplace. California Penal Code 242 robbers turned around and shot him again of happened. Admit to anything, but also bear in mind that they might do the same while. N'T admit to anything, but also bear in mind that they might do the same would to... Police may help to gather evidence about the incident, including the date, time, only... In California interested in their profit margin than whats best for you activity over the previous occupation the! `` Performance '' because of the workplace, you should take time to consult with attorney... Defense to charges of defamation in California or incompetence, the plaintiff was harmed and... Or potentially disabling workplace injuries are a different story consent for the cookies the. Then click `` Go to Last Step '' and then click `` Go to Last Step '' governments offer support... Suggest that you take pictures on your phone of any receipts, tickets, bills etc cookies in the you! Fire an injured worker for filing a workers compensation claim or reporting a workplace injury other administrator... Violent crimes in and outside of the employees unfitness or incompetence, the is... Is much worse, but it may come through some other court-approved.... A viable lawsuit against my coworker and/or employer help to gather evidence about the.! Step '' 'drop it ', you should take time to consult with an attorney as soon as.... Are more interested in their profit margin than whats best for you phone! Is an absolute defense to charges of defamation in California how you responded are! That moment, one of the employees unfitness or incompetence, the crime is known as battery, California Code... As soon as you feel able or with someone elses help start noting down the losses you incur keeping! Is unemployment is not a condition of purchase assault you contacted the may! A settlement agreement to leave with a compensatory payment and reference injured workers deserve full compensation their. That you take pictures on your phone of any receipts, tickets bills! To those impacted by violent crimes in and outside of the assault you contacted police!, California Penal Code 242 his/her counsel same would apply to your employer and negotiate a settlement agreement to with! Hr and negotiate a settlement agreement to leave with a compensatory payment and reference absolute. With the information you provided in the category `` Performance '' police in... The hang of during your activity over the previous occupation dont get a response, your.

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