what type of attorney would i need to sue a company for an employee assault?

Can I sue my employer for assault?

The process to sue a company will differ depending on the type of company, the laws in the jurisdiction, the facts of a specific matter, and the legal theories that a claim is based on. For example, a person who brings a personal injury claim will most likely be …

What happens if an employee is assaulted in the workplace?

Feb 11, 2022 · In short, a hostile work environment is created when anyone in the workplace engages in a type of harassment that makes it impossible for an employee to perform their job duties. This type of harassment generally includes unwelcome comments or conduct based on race, color, religion, sex (including pregnacy), national origin, age (40 or older ...

How do I sue a company for violation of federal laws?

Labor and Employment. Morgan & Morgan files the most employment litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes. The workplace should be a safe place.

Can I sue a security officer for hitting me?

"Finish that project by Friday. Or else." If this is an empty bit of boss hyperbole, then it may simply spur an employee to meet the deadline. But if it's a sincere, believable threat of physical violence, it may be assault or a criminal threat and could result in an arrest, a civil lawsuit, and other repercussions.Assault in the workplace is a perennial problem but it can be prevented by ...

Can you get compensation for being assaulted at work?

If you have been assaulted at work in an incident that could have been avoided if your employer had put proper control measures in place to protect you, then your employer has acted negligently. Therefore you could be legally entitled to compensation for assault at work.Feb 18, 2022

What do you do if you are physically assaulted at work?

The victim of a workplace assault can also do any or all of the following:Complain to their company's human resources department or a supervisor;File a police report;Apply for worker's compensation; and/or.Bring a civil lawsuit for compensatory damages against the co-worker.

Who can sue for assault?

Victims of assault and battery have the right to sue their attackers for (money) damages. It is not necessary that the defendant first be convicted in a criminal trial, or even charged with a crime. As long as the plaintiff suffered damages because of the defendant's wrongful actions, he or she can file suit.

What happens if your boss hits you?

A person acts intentionally if their action was on purpose, regardless of whether they actually intended to harm you with their action. So, for example, if your manager purposely slaps you, the manager has committed battery even if he or she did not intend to actually injure you.

Can you sue a verbally abusive boss?

Yes, you may be able to sue your employer for verbal abuse. Although state law generally doesn't recognize it as a separate cause of action, verbal abuse can in some instances constitute illegal workplace discrimination under state and federal law.Feb 2, 2022

What are the 4 types of workplace violence?

Types of Workplace ViolenceType 1: Criminal Intent. ... Type 2: Customer/Client. ... Type 3: Worker-on-Worker. ... Type 4: Personal Relationship.

Can you sue someone for harassment?

Yes, depending on where it occurred and what the facts are, you can sue for harassment: If you are harassed in the workplace and are a member of a protected class, you may be able to sue for workplace discrimination under federal and state law.Nov 22, 2021

Are torts intentional?

Common intentional torts are battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress.

What does battery mean in law?

Definition. 1. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent. 2. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent.

Can you record your boss yelling at you?

California is a "two-party consent" state, which means that it can be illegal to secretly record conversations in person, over the phone, or through video chat if the other participant(s) also live in a "two-party consent" state. You would need the other party's consent and permission to legally record a conversation.Mar 4, 2021

Is yelling at an employee considered harassment?

The short answer is yes. Legally speaking, supervisors and managers are allowed to yell at employees. However, when that yelling is about or against a protected class, the yelling may qualify as harassment.Mar 3, 2017

Is assault a dismissable Offence?

In order to dismiss an employee fairly on the ground of assault, the employer must show, on a balance of probability, that the employee contravened the workplace rule against assault, in other words committed the assault alleged. In order to do so, the employer must prove each element.Nov 10, 2020