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Work related assault (long post)

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lnklttr

Guest
What is the name of your state? California

I apologize for the length of this post, but please bear with me. I am a maintenance worker for a large nonprofit corporation that provides housing for poor and formerly homeless individuals. In July, the boyfriend, R___, of a tenant who was being evicted, began threatening a social worker, K___ who worked at the site. She informed the police and her supervisors and we all hoped for the best. On August 23d, as I was walking to work (I lived in a building across the street, owned by the same organization), R___ crossed the street, shoved me against a building, slapped me in the face, and told me that I had "disrespected (his) woman". This referred to my response to a work order from her in April, in which I entered her unit to look at a window that had fallen out of its frame. The window needed further attention, so I left a note on her bed where she would see it before possibly opening the window and injuring herself). I reported the incident to the police and my supervisors. A couple of weeks later, K___ was stopped by R___ , right outside my residence. He produced a 10 inch chef's knife and said "b***h, I'm going to kill you". Luckily, K___ got away and reported the incident to the appropriate parties. Her organization then transferred her to another site. At this point I began to seriously fear for my safety. On September 27th, as I was coming to work, R___ passed me, slapped me in the head and walked away. I made the necessary reports and went home. I emailed my supervisor saying that I no longer felt safe at the workplace and he replied that I could "take a couple days off". I replied that I didn't think that would do any good and he replied that he'd see what he could do. A week later the site manager called me and told me that she had spoken to the H.R. director for the entire corporation, who suggested that I "find another route". I emailed him, explaining R___'s proximity to both my workplace and my residence, and emphasized that I was afraid for my life. He replied that he would see what he could do. He called the next morning to say that they would try to transfer me to another site. I then asked what would happen to the time I had taken off, explaining that I didn't feel it was fair that it be taken from my vacation/sick time. He replied that I still had another three or four P.T.O. days left and that after that "we'll be in a real pickle" (I'm sure this is irrelevant, but at no time did he express any sympathy or concern for my well being). They have since run me back and forth between a couple of properties, and have temporarily placed me at a site where I am doing, essentially, janitorial work, rather than the maintenance that my job title would suggest. They have, at least, covered all but three of my P.T.O. days, which, while better than nothing, still seems unfair, as I had no place to work, unless I wanted to put myself right back in the path of the crazed speedfreak with a huge knife and an irrational grudge. Did they have an obligation to transfer me from the workplace after the first incident? Or to offer counseling? I'm trying to "hang in there", but this is really taking a lot out of me, not only the trauma of being attacked by this guy, but also trying to deal with the organization, which seems to be going out of its way to make this even more difficult than it already is (this is probably legally irrelevant, but my supervisor told me, and I can't for the life of me figure out why he'd tell me this, that the H.R. director actually said "I can't help thinking he must have provoked this guy", even after all the evidence that R___ is a dangerous, deranged individual). Do I have any legal recourse here, or do I need to just find another job? I've been with this company for over five years now, and find it hard to believe that they would treat anybody this shabbily without feeling that they could just get away with it. Any advice will be greatly appreciated.
 
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PrincessJ714

Guest
California.

You may have a psych claim. Your employer is providing alternate work, albeit janitorial, but as long as you are being paid the same amount, it is fair. I suggest you visit the CA Bar website - http://www.calsb.org/ls/lscounty.htm

and look for a legal specialist in Worker's Comp in your area if you are serious. W.C. attorneys do not get paid up front - they offer a free consultation and will get paid 15% of any money you recieve. No money out of your pocket whatsoever.
 
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lnklttr

Guest
Thanks for the reply. Yeah, I'm serious all right, but from all the research I've been doing, it looks like an employer can get away with just about anything with the W.C. rules. If I thought I had a fighting chance, I'd pursue this in a heartbeat, but it seems pretty hopeless. I've had to move, largely because of this situation, and can't possibly afford the pay cut that even full W.C. would represent. The company seems to have a history of this kind of thing, and the site they transferred me to seems to be their version of Siberia. The manager there told me today, after I related my experience to him, that he had been at a site previously where a tenant became convinced that he was a terrorist and a thief (as far as I can tell, he is neither), and had placed a large sign in the back window of his car, featuring a "Calvin Pissing" sticker over the words "Abdul Holland (not his real name) is a thief and a terrorist". The manager complained to his supervisors about this and was transferred to the site I am now at, which has a history of gang violence and a running 25% vacancy rate. I spent today scraping gnats off a vacant unit's walls. It would be funny if it were in a movie or something, but it's actually happening and I guess I just have to start looking for another job. It's a shame. I've been with them for over five years with all positive reviews and a great rapport with the tenants and my coworkers and they exile me to this rathole because some kook with a knife fixated on me and I refused to put my life on the line. All this from a charitable organization whose name Webster defines as "compassion or forbearance shown especially to an offender or to one subject to one's power". Oh well, thanks for letting me vent, and if anyone has any ideas, I'm still listening.
 
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