Legal Question in Employment Law in California
verbal and physical assault by coworker
I work in a major retail jewelry store. Today one of my associates lost his temper with me over a minor mistake and during his very public loud,vulgar verbal attack he violently grabbed my arm leaving a slight bruise. He dragged me into the back room and continued screaming so loudly he was heard in the front of the store. The ordeal was witnessed by other associates and possibly caught on camera. My problem is that I am terrified of going back to work with this man. I don't want to quit my job because I have spent 3 years building up clientele and will not be able to make the same salary/commission at another store. Right now I can't imagine going back to that store and being anywhere near this man. His previous episodes were minor in comparison to today and always dismissed to his age and drinking problem. I am afraid my boss will gloss over this because it will bring unwelcome attention from the home office. What can I do?
2 Answers from Attorneys
Re: verbal and physical assault by coworker
This response assumes you work in California for a California employer. Generally, no California employee can be forced (or should be forced) to work in a hostile work environment. If the hostility of this male is directed at you due to your sex (female), it may qualify as being sex discrimination and possibly sexual harassment. Your question does not indicate if the offensive party is your supervisor (if it does, your employer may be strictly liable to you for your damages, including pain and suffering). Your question also does not indicate how many employees are employed by your employer. If your employer employs less than 5 people, all of your claims, except for sexual harassment, generally will not qualify for the remedies afforded a similarly situated victim under the Fair Employment & Housing Act (California Government Code). If your claim sounds in sexual harassment, that is not the case however. In any event, you should immediately file a written complaint with your employer about the abusive treatment being suffered by you at the hand of his employee. If the employer fires you for complaining, you may have an additional claim against the employer for retaliation, as well. You should also go to the local office of the Department of Fair Employment & Housing and file a complaint after your employer is giving a fair opportunity to respond. Simultaneously, you should consult with a local employment law attorney to make certain you are advised of the legal rights you may have against not only the offending employee, but your employer as well.
Re: verbal and physical assault by coworker
Not much. You could sue him for the assult but your attorney fees would be many times any money you would be awarded. You might consider getting a restraining order so that you can have his ass thrown in jail if he does it again.