Legal Question in Civil Litigation in California
Should an employee initiate a Wrongful Termination lawsuit against both his employer and boss if he was fired by his boss after his boss assaulted him, hit him with a letter opener and falsely called him a rapist? What would the employee need to prove in order to win the lawsuit?
2 Answers from Attorneys
Prove? All elements of every cause of action, such as duty, breach, causation, damages.
In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages. Now if the firing was illegal under those definitions, then you have a 'wrongful termination' lawsuit, and feel free to contact me for the legal help you�ll need.
As to the potential causes of action for assault and battery, and slander: IF the case has merit [likelihood of winning and the other side found liable], value [substantial provable damages, such as medical injuries and financial losses] and collectability [defendant with sufficient insurance coverage or available assets to collect against], feel free to contact me if serious about getting counsel.
Since you were assualted at work, you can file a claim for worker's compensation benefits such as medical and psychiatric treatment, temporary disability benefits and a settlement for permanent disabilities. Feel free to call us at 213.388.7070 for a free consultation.
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