Legal Question in Employment Law in California
Battery & retaliation in the workplace by my manager
My manager came up behind me, put
her left hand on my back to hold me
down, and swung a hard blow to my
left buttock with her right hand. This
was the 1st physical abuse from her,
but not the 1st abuse (all 3 of us
have been verbally abused). I sent an
email to her that I will not tolerate
that behavior (I bcc'd the owner of
the company). I told her in
person what I said in the
email. Within 2 hours of that talk,
she started resolving a complaint
about my husband (who also works
for the company), misrepresented
facts, and docked him $250 pay. I
have evidence I have printed out
from the files proving the lies. I sent
the initial email to the owner of the
company, and called him to request
that it be put on file, and for him not
to say anything as yet (honestly,
because I am scared of her and didn't
want things to blow up worse.) I'm
completely confused, because on one
hand, I'm being told to sue the
manager for battery and hold the
company liable as well, but the
hitting of me was not in the course of
her employment? And the retaliation
for what happened was against my
HUSBAND, not me? I really don't
know my rights & what claims I
might have. Thank you.
2 Answers from Attorneys
Re: Battery & retaliation in the workplace by my manager
At the very least you and your husband should consult with an attorney to discuss the specifics of your matter. The fact that your husband has had his pay docked as you suggest only after you made a complaint is a little suspect. We would need to know more about the situation to determine whether the manager and or the employer would be liable.
Feel Free to contact my office if you would like to discuss this matter.
LEGAL NOTICE: The information presented in this e-mail should not be
construed to be formal legal advice nor the formation of a lawyer/client
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Re: Battery & retaliation in the workplace by my manager
If you have any injury as the result of the assault and battery including your stress and anxiety, you may report the incident to your employer's human resources as work-related injuries and then file a claim. Call us at 213.388.7070 for free consultation.
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