Do I have case against my employer for negligence?
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Do I have case against my employer for negligence?
I work at a cointry club in the golf maintenance department. We normally get done at 2:30 but I was finishing up with something that day and was running late. When I pulled my cart into the shop around 2:45 No one was there except for the shop mechanic and one other guy. After pulling my cart into the shop, I turned around and saw the mechanic barging through the break room door. He drew a pistol and held it in a firing position pointed at me. I put my hands up and asked what was going on. He said a few things but all I was paying attention to was the gun. He was about 30 ft away. After a few minutes he lowered his weapon and said ‘don’t worry, it was only a bb gun’ I took a few steps then turned to him and asked to see it. He then took the clip out and it was a fully loaded gun. 45 cal is my guess. This guy has his carry permit and always keeps a his handgun in his truck. The next morning I told the 2nd. Superintendent what happened. He then talked to him. Later in the day he wrote him up so it is documented at work. The head super was on vacation at the time and he said that it will be reviewed when he returns. This took place 6 days ago and so far nothing has happened.
Asked on April 23, 2018 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
An employer is liable for the negligence of one of its workers that occur in the course and scope of their job duties. Since assault (which is intentionally placing one in reasonable apprehension of an immediate battery) is an act which is outside the scope of employment, your employer would not be liable for your co-worker's action. However, since an assault is a both civil and criminal offense, you can sue your co-worker and contact the police and file criminal charges. While your civil suit would be separate from the criminal case, they both could be pursued simultaneously.
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