How do I pursue wrongful imprisonment against my boss?
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How do I pursue wrongful imprisonment against my boss?
I was detained in a small confined room by 2 supervisors – 1 male and 1 female. I asked 9 times to be let out of the room, consistently denied by the large male blocking the only exit. When he finally shifted enough for me to squeeze by, not touching anyone, my hands in my pockets, the female super called security on me, falsely claiming I was being violent, shoving and hitting people and they were in fear of me. The reason they called me in and reprimanded me, was lacking all logic. They claimed I was misusing my break time and if I
wanted a smoke break mid shift, I had to take my lunch 15 minutes less than everyone else, which is exactly what I have been doing since I was hired. They purposely triggered my PTSD, which they had full knowledge of since hiring me and then refused to allow me out of the room by forcibly blocking the exit and ignoring multiple pleas from me to be let out. When I reported it to HR, they acted as though it was perfectly OK to
detain me with no cause and said they would open an investigation and until that was done I was not allowed back on property. There was no reason for my reprimand to begin with and then purposely abusing a person with disabilities through intimidation and forcible detainment is not right and I would like to pursue charges against the supervisors and a suit against the company.
Asked on December 27, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Under Florida statute 787.02, this may be false imprisonment: it depends on whether you were in fact forceably detained or only intimidated but could have left had you simply pushed past the individual standing in front of the door.
If you believe that you could not have left, then report this to the police and look to press charges for false imprisonment.
There is effectively no viable lawsuit, so there is no civil remedy, only the possibility of charges if the authorities agree this was false imprisonment: the civil system only provide compensation equivalent to the actual injury or loss you suffered, and if you were held for an hour or two (approximately), the "injury" you suffered is so little that you effectively would get no money for it.
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