What are my legal rights if I am the victim of an assault at work, and am terminated?
1 answer | asked Nov 16, 2003 4:40 PM [EST] | applies to Arizona
Answers (1)
Assault at work raises two separate questions
To advise you on your rights in this situation, a lawyer would need more information. There are two questions involved in your query - first, what recourse do I have against the person who assaulted me? Second, what recourse do I have against my employer?
Assault is what is known as an intentional tort, which allows you to sue the person who assaulted you for damages. However, what people often describe as an assault is actually a battery. You need to consult with an attorney, give him or her the facts and evaluate the damages caused by the incident. There may also be a claim against this person for interference with your employment relationship if the incident was the reason for your termination.
Your recourse against your employer raises a whole different set of issues. A lawyer would need to know what kind of assault occurred and why, by whom, whether the employer was responsible for it or condoned it, whether it was an isolated incident or part of a bigger problem, and why the employer chose to terminate you. There are numerous possible claims to consider, from sexual harrassment to worker compensation, to negligent hiring or retention to wrongful discharge. You really need to consult with an attorney and lay out all the facts. But don't expect any easy or clear-cut answers.
posted by Francis Fanning | Nov 17, 2003 5:00 PM [EST]
To advise you on your rights in this situation, a lawyer would need more information. There are two questions involved in your query - first, what recourse do I have against the person who assaulted me? Second, what recourse do I have against my employer?
Assault is what is known as an intentional tort, which allows you to sue the person who assaulted you for damages. However, what people often describe as an assault is actually a battery. You need to consult with an attorney, give him or her the facts and evaluate the damages caused by the incident. There may also be a claim against this person for interference with your employment relationship if the incident was the reason for your termination.
Your recourse against your employer raises a whole different set of issues. A lawyer would need to know what kind of assault occurred and why, by whom, whether the employer was responsible for it or condoned it, whether it was an isolated incident or part of a bigger problem, and why the employer chose to terminate you. There are numerous possible claims to consider, from sexual harrassment to worker compensation, to negligent hiring or retention to wrongful discharge. You really need to consult with an attorney and lay out all the facts. But don't expect any easy or clear-cut answers.
posted by Francis Fanning | Nov 17, 2003 5:00 PM [EST]
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