My boss threatened to physically assault me and I quit. Can I sue? Can I collect UC Benefits?
My boss, who is a male, approx. 6' tall & 400 lbs., threatened to punch me in my face. I am a 5'3" tall, 130 lbs. female. He was intoxicated and angry that I talked over him while he was berating all of the staff present. I was scared and I quit. He called me the next day and denied it happened and instead stated that I threatened him. What can I do?
1 answer | asked Jul 12, 2013 1:19 PM [EST] | applies to Pennsylvania
Answers (1)
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
That being said, if you were in legitimate fear of assault, you will be able to collect unemployment; you should apply immediately. Whether you actually get unemployment depends on whether the employer challenges your right to collect, and if so, who the UC referee believes. Can you sue your employer? Unlikely - as an at-will employee, you have no right to employment. If you had a contract, however, you may have a claim.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jul 12, 2013 1:23 PM [EST]
That being said, if you were in legitimate fear of assault, you will be able to collect unemployment; you should apply immediately. Whether you actually get unemployment depends on whether the employer challenges your right to collect, and if so, who the UC referee believes. Can you sue your employer? Unlikely - as an at-will employee, you have no right to employment. If you had a contract, however, you may have a claim.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jul 12, 2013 1:23 PM [EST]
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