*Content warning: discussion of assault
What You Need to Know About Getting Assaulted At Work
Unfortunately, violence and assault in the workplace are not uncommon. The aftermath of disciplinary action and alleging blame and liability for employees and employers is rarely a clear-cut story.
You might file a police report or a civil lawsuit seeking compensatory damages if someone assaulted you at work. If your employer fires you, you may talk to the U.S. Equal Employment Opportunity Commission (EEOC) to file a charge of discrimination.
Factors to Consider After an Assault at Work
Discipline
All workplace assaults result in punishment. However, blurred lines between who committed the assault will often lead to both the survivor and the attacker receiving punishment. Cases where the attack occurred between a customer and an employee may result in the employee’s dismissal to mitigate liability.
If an assault occurs in a unionized workplace, one should contact union representatives immediately. In non-unionized workplaces, an employee might be terminated no matter whether there is a concrete reason or not.
Termination is not the only issue employees might face. Blame in a sexual assault can be turned into a “he said she said” situation. Both parties might face state or federal consequences if the survivor is deemed a potential instigator.
Liability
After a fight at work, the instigator would be directly liable for battery, or unwelcome touching, and any damages resulting from the attack, including:
– Medical expenses
– Lost wages from missing work
– Property damages
Beyond physical recompense, the attacker may face criminal charges, especially if the attack was sexual. Rape or sexual assault allegations can carry much heavier sentences and psychological damage.
For the employer, an attack may lead to liability under the premises liability theory, where employers are responsible for the acts of their employees and must also be responsible for attacks on their premises, should the employer own the property where the attack occurred. Further, if the employer may have been knowledgeable of the attacker’s violent tendencies, the employer may be liable for negligent hiring.
What to Do After Experiencing Workplace Assault
After an assault, call the police and file an accurate police report with every relevant detail to establish your side of the story. Next, talk to witnesses to collect more information and bolster your case.
Contact an attorney after leaving the scene to learn about legal rights and shield against additional liabilities.
After an assault, an employee may:
– Complain to the human resources department and talk to a supervisor
– File a police report
– Apply for worker’s compensation
– Bring civil lawsuit for compensatory damages
Compensatory damages may include:
– Medical bills
– Psychological counseling
– Lost wages
– Emotional distress
– Pain and suffering
Related: Reasonable Accommodations for Depression at Work
Overview of Wrongful Termination
Employment in the U.S. is “at will,” wherein federal statutes assert an employer may fire an employee without a legitimate reason.
However, exceptions exist to all rules, including:
– Written promises
– Implied promises
– Breach of good faith and fair dealing
– Violations of public policy
– Driminaction
– Retaliation
– Fraud
– Defamation
– Whistleblowing violations
1. Written promises
Legal contracts promising job security or an employer can fire an employee with good cause may help to ensure the employee is not an “at-will employee. The contract will also provide strong evidence to uphold the promises in court.
2. Implied promises
An implied employment contract may also serve as an exception to the at-will rule. Implied contracts may be promises of permanent employment or allowing an employee to have a secure job for a specific period.
The court may decide the existence of implied employment contracts based on the following factors:
– The duration of employment
– Regularity of job promotions
– History of positive performance reviews
– Assurance of continuous employment
– The employer violated an employment practice and promised a long-term employment
3. Breaches of good faith
A court may find an employer to have breached the duty of good faith under the following circumstances:
– Firing or transferring employees to restrict sales commissions
– Misleading employees about promotions
– Lying about an employee’s reason for termination
– Soft-pedaling negative aspects of a job
– Deliberately transferring an employee to a remote or dangerous place to force them to quit
4. Violations of Public Policy
Firing someone for the following reasons violates of public policy:
– Disclosing the company practice of not paying employees for commissions and vacation
– Jury duty
– Voting
– Military or National Guard service
– Whistleblowing
5. Discrimination
Contact a lawyer if you believe you were fired based on gender, race, sexuality, or other social determinants. Discrimination claims have stringent time limits and rules.
6. Retaliation
If you lost your job due to an employer’s retaliation, the employee must prove:
– Engagement in a legally protected activity (file a complaint with the Equal Employment Opportunity Commission)
– Activity causing retaliation from your employer
– Adverse consequences resulted in the retaliation of your employer (for instance, being terminated, denied promotion, or given negative or unwarranted performance reviews)
7. Fraud
One may prove job loss because of fraud through actions such as:
– A false representation of the facts from an employer or person in power
– A person in power intended to deceive the employee
– Someone in charge knew of the falsified information
– The employee faced harm
The most difficult part of claiming fraud is proving the employer intentionally acted poorly.
8. Defamation
Defamation lawsuits protect a person’s reputation and community standing. False and malicious statements should prove wrongful termination by virtue of defamation.
The former employer should have:
Made a false statement with a malicious intent
Repeated the statement to at least one other person
Harmed the employee in some way with the statement
9. Whistleblowing
Depending on the state where the issues occurred, whistleblowers may receive protection against their termination. However, in other states, whistleblowers may only have protection if the employer breaks environmental regulations or labor laws.
Definition of Harassment
Under Title VII of the Civil Rights Act of 1964, harassment is a form of employment discrimination.
Conduct is illegal if:
– Offensive conduct is a condition of continued employment
– Conduct is considered intimidating, hostile, or abusive
The time limit to file a harassment charge is 180 days, but state laws may extend it. Federal employees have 45 days to contact the U.S. Equal Employment Opportunity Commission (EEOC) officer.
Related: PTO Payout Laws By State
How to File a Charge of Discrimination
Before filing a job discrimination lawsuit against an employer, an employee must first file a charge of discrimination.
Through the EEOC’s Public Portal, one may complete a charge of discrimination. An employee will have the opportunity to talk with an EEOC staff member during an interview to allow an EEOC officer to understand an employee’s concerns best and if filing a lawsuit is appropriate. Regardless of the ruling of the officer, deciding whether or not to file a lawsuit is your own.
One should file a harassment charge within 180 days. However, if a person has 60 days or less, the EEOC Public Portal may provide information to file the charge. You may also find an EEOC office closest to you.
The 180-day filing deadline may be extended to 300 days if the state agency enforces a state law on employment discrimination.
One may prove a charge of discrimination:
– Online
– In-person
– By phone
– By Mail
1. Online
One may use the EEOC Public Portal to submit an inquiry, schedule an appointment, and file a charge.
2. In-person
Bring any relevant documents which may assist you in explaining the case, as well as the names of witnesses and their contact information.
3. Phone
The EEOC does not take charges over the phone, but employees may call 1-800-669-4000 to discuss the case and determine whether or not the situation is protected.
4. By Mail
A person with 60 or fewer days to file a charge may send a letter to the EEOC, including the following:
– Name, address, email, telephone number
– Name, address, email, telephone number of the employer
– The number of employed employees
– Description of discriminatory actions
– When and why discriminatory actions took place
– Your signature
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