Legal Question in Employment Law in California

I work for the City of Manhattan Beach California for the water department.

We have a job assignment meeting every morning where we stand around in group and get our assignment for the day.

On May19, 2009 during this meeting I was standing next to a co-worker and I said you don�t mind if II stand here do you he said no.

Than here grabbed me around the neck know as a headlock and my heels were lifted of the ground I told hem to let me go but he just kept doing it and I now was in pain.

My boss saw this and so did all the other guys. My boss took me to the Dr to be examined. The doctor said it was just a muscle strain. I took that day and the next day off work.

I have worked for the City of Manhattan Beach for 23 years and I do have two other one day suspensions on my record. One in January of 1998 for offensive language, which I did deserve. The other one was in June 2005 for threatening and intimidating a temporary employee. This person had threatened me on many occasion which I never reported.

This one particular day this person and I had a disagreement on what to watch on the T.V. at brake time. He left the lunch room to go back to work and shortly after I left the lunch room to get in my work truck to go back to work, as I was walking to my truck this person an another co-worker where driving past me. This person got out of the truck and approached yelling at me saying that he was going to get me, all did at that time was say whoa! Whoa! At this time a co-worker intervened and stopped him approaching me to and told hem to just get back in the truck which he did and they left to go back to work.

In the interview after this I made a statement that they use against me I said �that I was looking for an equalizer� which to me meant a board or something I could pick up a use to defend myself if he keep coming at me. But they said they thought I ;meant a gun. Well I don�t carry a gun. At this time I was 61 years old and the other guy was about 30.

This person has a record and is a know gang member and he told me that he has had to go to anger management course�s do to his temper.

A few days later he threatened me again , he said � I have my boys who take care of you�. About 4 weeks later three big black guys broke into my house and they had a gun safe out of the house and putting it into a brand new Mercedes SUV(no plates) but my wife and 5 year old granddaughter can home and surprised them. They got away and no one was hurt. Thank the lord.

This person no longer works for the City

Back to the current incident. I received a notice of intent to suspend for 5 days with no pay do to this altercation which I feel is to excessive

We do have a history of giving each other verbal jab�s, I did tell hem once we should cool this and just get along but he said no he liked it so I gave back what I get.

On one Friday he got made after our verbal jab�s and said he was going to get me shaking his finger at me. The following Monday is the morning he put me in a headlock with my boss and co-worker watching.

After all the interviews of all that were there I was accused of instigating it. They said I touched hem I did not touch hem so no one could have seen me do so.

What I want to know is, is it worth my pursuing this to either have no suspension or reduced to one or two days. I know I have some fault in this but I feel 5 days is too much .

We do have a union Stuart but that�s a joke to have them represent you.

Just don�t know what to do. If it is worth the money it would cost me or just take the unpaid time off.

I am going to retire in June of 2010. Maybe I should just bid my time until then.

Thanks for your time

Jim

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