What should I do if during an argument, the owner of my work grabbed my arm after he told me to clock out and now I’m suspended and possibly fired?
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What should I do if during an argument, the owner of my work grabbed my arm after he told me to clock out and now I’m suspended and possibly fired?
I was frying fish, which takes more time to do than frying anything else, and the owner of my work was arguing with me to fry something else. I had told him I was busy at the moment and asked him if he could do it. He began arguing with me after he fried the fries. I consistently said that I didn’t want to argue, then he told me to clock out and walk home. As I began to walk past the owner, he grabbed my arm and before he could say anything, I pulled my arm away from him and told him not to touch me. He began to tell me how he was just trying to get my attention so he could talk to me as I left.
Asked on June 17, 2012 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You really can't do anything if you don't have an employment contract. Without a contract, you are an employee at will, and could be suspended or fired at any time, for any reason--such as not doing what the owner says, or walking out while he's trying to talk to you.
Technically, you could try to report the contact to the police--in theory, grabbing and restraining, even if only briefly, someone against his/her will could be assault--but there is effectively no chance the police or prosecutor would take action for having your arm grabbed momentarily. You can't sue over being grabbed, unless you actually suffered some significant physical injury from the grab.
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