If a senior manager commits a civil crime on an employee that was caught on camera and witnessed by the assistant manager but the company covers it up, what should they do?

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If a senior manager commits a civil crime on an employee that was caught on camera and witnessed by the assistant manager but the company covers it up, what should they do?

An employee was grabbed and put into a choke hold from behind by a manager. This happened directly in front of another manager and a surveillance camera. The employee came forward about the incident to the regional director and the head of human resources who immediately flew the head of IT to the scene to remove the equipment from the technical room. A poor

Asked on July 1, 2017 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The employee can file a police report and look to press charges: assault is a crime. If the employee suffered significant injuries or medical costs, he or she can sue the manager--not the company (see below)--for compensation. 
The company should have taken action (it would be fair and smart to not retain a manager who assaults employees), but is not required to do so:
1) The company is not the police and does not enforce the criminal laws.
2) An employer is not responsible for the criminal actions of its employees, since such actions are outside the scope of employment.
The employee should not be counting on the employer to make this right or do the right thing, since again, that's not the employer's role. The employee should go to the police and/or file a lawsuit against his/her attacker.


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