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physically abused at work

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mogal495

Junior Member
What is the name of your state? MS


last week a friend had a guy get violent with her and kick her. he had shown this type of behavior before & she told him to quit. She was upset that this guy touched her, and there are witnesses to all occurances, so she left work that day early. Befor eshe had a chance to report it, someone else did. The company has already gotten statements from several other workers. She can't go back to work now because she will be alienated by the workers. Should she get an attorney or is this being handled correctly? The guy wasn't terminated until 4 days after the event. Shouldnt they have done that right away?Any help/advice is appreciated
 


mlane58

Senior Member
mogal495 said:
What is the name of your state? MS


last week a friend had a guy get violent with her and kick her. he had shown this type of behavior before & she told him to quit. She was upset that this guy touched her, and there are witnesses to all occurances, so she left work that day early. Befor eshe had a chance to report it, someone else did. The company has already gotten statements from several other workers. She can't go back to work now because she will be alienated by the workers. Should she get an attorney or is this being handled correctly? The guy wasn't terminated until 4 days after the event. Shouldnt they have done that right away?Any help/advice is appreciated
From your post, it sounds as if it was handled correctly. Your employer took statements and most likely did an investigation which can take several days or weeks depending on the circumstances. If they did as you say by terminating the individual, then the company met it's obligation under the law.
 

gawm

Senior Member
mogal495 said:
What is the name of your state? MS


last week a friend had a guy get violent with her and kick her. he had shown this type of behavior before & she told him to quit. She was upset that this guy touched her, and there are witnesses to all occurances, so she left work that day early. Befor eshe had a chance to report it, someone else did. The company has already gotten statements from several other workers. She can't go back to work now because she will be alienated by the workers. Should she get an attorney or is this being handled correctly? The guy wasn't terminated until 4 days after the event. Shouldnt they have done that right away?Any help/advice is appreciated
Why would she be alienated by the other workers?
 

fairisfair

Senior Member
Really, that makes no sense, especially given the fact that other employees had "given statements" and that "someone else" reported it lends to the fact that they were aware and sympathetic.
 

mogal495

Junior Member
pattytx**************.

gawm .....seemed to understand. She would be alienated and gawked at like some kind of a threat....

fairisfair....what doesnt make any sense? Sympathy doesnt help. I don't care how many people are "sympathetic" she is now an outsider who no one will talk to or want to work with and she didn't do anything except her job & tell a guy to leave her alone.
 

mitousmom

Member
Your friend is making an assumption that she will be "alienated" if she returns to work. It's not clear on what she makes that assumption. I can't imagine why any of her co-workers would consider her a threat. You haven't indicated that she has done anything to anyone. It was not even she who reported the attack, but one of the witnesses.

There really is no basis for her refusal to return to work. The information provided shows that her employer acted appropriately. The employer wasn't required by federal law to discipline the attacker or to do so within any specified period. However, her employer's action of terminating the attacker's employment removed the possibility that his behavior would continue in the workplace and effectively absolves the employer of liability.

Your friend needs to return to work and certainly needs to communicate with her employer about her absences and her return plans. Notwithstanding her experience with her co-worker, her employer does not have to tolerate unexcused absences. She can always consult with an attorney, but it's not clear that she has a basis for any kind of lawsuit against her employer. If she wanted, she could pursue assault and battery charges against her attacker with the local police authority. However, unless she was injured, they might not consider the incident worth pursuing.
 

gawm

Senior Member
.
gawm .....seemed to understand. She would be alienated and gawked at like some kind of a threat...

I didn't understand. That's why I asked why would she be alienated? I agree with mitousmom. She did not do anything wrong, at least not from your original post.
 

Country Living

Senior Member
mogal495 said:
She can't go back to work now because she will be alienated by the workers.
If you are a no-show at my company for three consecutive days you are terminated for job abandonment. She may not have a job to go back to if she is not on approved leave.
 

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