What to do if I was assaulted physically by a supervisor at work?

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What to do if I was assaulted physically by a supervisor at work?

With a room full of witnesses, everyone refused to give a statement. The person involved gave a statement and left out the only important detail that he hit me. My company was supposed to investigate but instead fired me. I’m sure you need more information but I believe I have grounds for a lawsuit. What do you think?

Asked on November 16, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You definitely have grounds for a lawsuit against the person who attacked you--assault is tort (or something you can over) as well as a crime. However, you probably can't sue the company: an employer is not liable for the criminal actions of its employees, unless the company had reason to know the employee was likely to do that criminal act and knowingly turned a blind eye or somehow, even indirectly, facilitated it. Assuming that's not the case, however, the company is not financially responsible if an employee chooses to break the law, such as by assault; it is also not responsible if people chose to not get involved or give statements.


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