Pushed and verbally assaulted by boss

[antpal816]

What is the name of your state? New Jersey
I was assaulted by boss and verbally abused.I did the right thing and walked away instead of hitting him back. They want me to come back to work but I cant work for that man anymore. They gave me till today to decide if i want to resign. Is there any compensation that I might have com ing if I resign. I would also lose alot of my unvested invetsments in the company. I have a witness to the attack. PLEASE SOME ADVICE

 

[Beth3]

Is there any compensation that I might have com ing if I resign. Possibly unemployment compensation depending on how egregious the boss's conduct was and how management responded when they became aware of what happened. Your free to file a criminal complaint against the boss for the assault and pursue civil action against him but the company doesn't "owe" you any compensation, if that's what you're asking.

 

[antpal816]

So what you are telling me is that If I went back to work I would have to work with this man that assaulted me in the workplace, because he wasnt fired or relieved of his duties ,so he would still be my boss. I have no rights to sue the company for this. I will be forced to work in a hostile enviroment? I dont want to see anyone lose there job but this is very unfair that I would be forced to do this.

 

[eerelations]

Unfair and legal.

 

[Beth3]

So what you are telling me is that If I went back to work I would have to work with this man that assaulted me in the workplace, because he wasnt fired or relieved of his duties ,so he would still be my boss. Yes. The employer has no legal obligation to fire or demote this person because he assaulted you. I'm not saying I agree with their judgment but they don't have to actually do anything about his behavior, although it would be foolish of them not to.

I have no rights to sue the company for this. I will be forced to work in a hostile enviroment? Hostile work environment has to do with sexual harassment, not a situation such as you describe.

I dont want to see anyone lose there job but this is very unfair that I would be forced to do this. I agree but it's still legal.

 

[antpal816]

So it would probably be better to press assault charges on the boss. Then I would have to go after him personally. Thank you for your help.

 

[Beth3]

Inasmuch as that's your only option, yes.

 

[mitousmom]

A hostile work environment can result from illegal harassment based on any of the factors covered under the federal EEO laws, not just sex. Nonetheless, since there was no harassment based on any of those factors involved in your situation, you didn't suffer an illegal hostile work environment.

How will filing assault charges and pursuing some unspecified civil action against your boss make it easier to work for him? Do you have to report to this guy to do your work? If you don't, you might ask your employer to allow you to report to someone else because you feel uncomfortable working for the guy. It appears that your employer has made a decision that it's more important to its interest to keep him than you. If that's true you might not have much bargaining power.

What was the assault? Were you injured? Were your boss' actions sufficiently serious to concern the law enforcement authorities?