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Assaulted by coworker, retaliated against, do I have a case?

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getonup

Junior Member
What is the name of your state (only U.S. law)? California

I was at work a couple of months ago, and was met with repeated, ongoing hostility and aggression from my coworker on the job site. I was one step above him with authority, and he couldn't handle following routine directions from me. This lead to conflict and tensions between us, escalated by him over the period of three weeks, until the situation came to a head; he hit me in the face at work on the job site.

Witnesses were present, the police were called, and he admitted to punching me in the face. Witnesses backed up the story to the police. He admitted to hitting me.

The police arrested him on site, he was processed in the county jail, and I pressed charges against him. He has prior convictions from what I understand, and the DA is pursuing the case against him. There is no question of his innocence or his guilt--he admitted it to everybody.

A week before the assault, I wrote a professional and formal complaint to the vice president of our company. The complaint detailed that said coworker was acting in a hostile and unpredictable manner; was acting aggressive, and that I felt threatened for my safety.

Management received and acknowledged my complaint. However the company failed to take any action against my coworker, and the aggressive coworker got wind that I was the one who filed the complaint, further leading to tensions. ``

Two weeks after the assault, workplace politics come into play and I am 'mysteriously' taken off my job, and thus had my income reduced significantly. I was told that my "position had been eliminated," but a month and a half later, somebody else is fulfilling the exact same role I was doing.

After I am demoted, I am relocated to a different job location, with a completely different overnight schedule, working more days per week to make less money. It is my suspicion that I was retaliated against for 'making waves' at work, even though I was assaulted.

I sustained no physical injuries, but have suffered severe mental distress, have been retaliated against by coworkers, and demoted to a lower-paying job with less opportunity.

My question is, do I have a case to sue my company in civil court? What would be a realistic amount? I am not greedy, but I have actually suffered a loss in title, in job duties/description, and a loss in pay.
 


cbg

I'm a Northern Girl
A week is not sufficient time to conduct a proper investigation or come up with a reasonable solution. Unless your expectation was that they were going to simply take your word for everything and just fire the guy out of hand on your word alone. Which is not a reasonable response.

Please explain what "retaliation" you have suffered, and for what? That is one of the current buzz words that everyone likes to throw around but few use properly. What legally protected right or benefit did you utilize or request?
 
What is the name of your state (only U.S. law)? California

I was at work a couple of months ago, and was met with repeated, ongoing hostility and aggression from my coworker on the job site. I was one step above him with authority, and he couldn't handle following routine directions from me. This lead to conflict and tensions between us, escalated by him over the period of three weeks, until the situation came to a head; he hit me in the face at work on the job site.

Witnesses were present, the police were called, and he admitted to punching me in the face. Witnesses backed up the story to the police. He admitted to hitting me.

The police arrested him on site, he was processed in the county jail, and I pressed charges against him. He has prior convictions from what I understand, and the DA is pursuing the case against him. There is no question of his innocence or his guilt--he admitted it to everybody.

A week before the assault, I wrote a professional and formal complaint to the vice president of our company. The complaint detailed that said coworker was acting in a hostile and unpredictable manner; was acting aggressive, and that I felt threatened for my safety.

Management received and acknowledged my complaint. However the company failed to take any action against my coworker, and the aggressive coworker got wind that I was the one who filed the complaint, further leading to tensions. ``

Two weeks after the assault, workplace politics come into play and I am 'mysteriously' taken off my job, and thus had my income reduced significantly. I was told that my "position had been eliminated," but a month and a half later, somebody else is fulfilling the exact same role I was doing.

After I am demoted, I am relocated to a different job location, with a completely different overnight schedule, working more days per week to make less money. It is my suspicion that I was retaliated against for 'making waves' at work, even though I was assaulted.

I sustained no physical injuries, but have suffered severe mental distress, have been retaliated against by coworkers, and demoted to a lower-paying job with less opportunity.

My question is, do I have a case to sue my company in civil court? What would be a realistic amount? I am not greedy, but I have actually suffered a loss in title, in job duties/description, and a loss in pay.
In view of the fact you formally complained about the conduct of the employee who subsequently assaulted you at work, you should consult with an Attorney regarding your damages which include your employer's failure to maintain a safe work environment resulting in the assault against you. It is unacceptable for any company to fail to address such a situation in a timely manner! A formal complaint which isn't addressed even a week after sending such notice, is a big red flag.

It sure seems like you are being retaliated against (IMO), however an attorney will be able to advise you on the legal aspects concerning your issues. Please come back and give us an update on your consultation with an attorney. Good luck.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? California
... He has prior convictions from what I understand ... A week before the assault, I wrote a professional and formal complaint to the vice president of our company. The complaint detailed that said coworker was acting in a hostile and unpredictable manner; was acting aggressive, and that I felt threatened for my safety. ...
I recommend you speak with an attorney in your area.

It will be important to learn for what your coworker was previously convicted and if your employer was aware of these convictions at the time the worker was hired.

No one here can tell you what a "realistic amount" would be to sue for, or even if you have a suit worth pursuing. Your attorney will be the best resource for this information, once s/he has had the chance to personally review all facts.

If you can provide answers to cbg's questions, however, she can provide you with additional information.
 

getonup

Junior Member
Let me begin by saying this employee used to be in management but was fired out because he received literally 48 written complaints from my coworkers alleging workplace bullying, threats he made and acting aggressive to drivers. He was rehired again at the lowest possible level.

I was responded to the very next day regarding my complaint and the company was well aware of this guys temper and aggressive behavior. He had a documented pattern of abusive behavior even before I started with the company.

Furthermore someone in management also told me that "we were supposed to have that guy stop showing up for work at that location but they forgot to tell him," in response to my complaint.

By retaliation, I have experienced blatant hostility, a change of job duties, I have been demoted , lost pay, and work a different schedule now with less income. The protected activity involves filing the police report and having him arrested. They don't like it that I pressed charges and are treating me like a "snitch"
 

cbg

I'm a Northern Girl
Show me the employment law that says you cannot be fired, demoted, or treated adversely for calling the cops on a co-workers.

I agree with quincy that it would probably be best to talk to a lawyer. But taken at the very strictest definition, this is not ILLEGAL retaliation.
 

getonup

Junior Member
The main point is not retaliation, but that the employer was notified of this individual's behavior and his tendencies to act violent. He received 48 written complaints from various coworkers over a 12 month period and then there was my complaint a week before he went nuts on the job.

He also threatened to kill me numerous times and tried to take the phone as I dialed 911 but they could not charge him with it due to lack of evidence.
 

getonup

Junior Member
So it's not retaliation that concerns me but the employers failure to provide a safe environment.
 

Eekamouse

Senior Member
I am curious how you would know that there were 48 written complaints lodged against this employee. Please explain where you came by this information.
 

getonup

Junior Member
I have a friend in management who is on my side with this and has access to this information.

We are also affiliated with a labor union, and our shop steward also confirms this number.

The complaints are kind of public knowledge since the union basically strong armed the company into firing this guy from his management position.
 

cbg

I'm a Northern Girl
That does put kind of a different spin on the situation. As indicated above, take ALL the relevant facts to an attorney in your state.
 

getonup

Junior Member
Update

I just wanted to give an update on this for anybody who might search for similar issues on google.

If you are assaulted on the job and report it to the police, and the police clear you of wrongdoing, you are considered a witness and a participant in a criminal investigation of workplace safety. This is a legally protected activity under the OSH Act, and this was confirmed by a federal investigator this week in our personal correspondences.

If you are fired or retaliated against in any way at this point, OSHA will represent you and file a Whistleblower complaint on your behalf.

So while your employment is "at will " 99 percent of the time, in these situations you may file an OSHA claim. At that point, if your employer treats you poorly, document it all and send the facts to the OSHA investigator.

You must do this in a timely manner, 30 days under federal law but OSHA now refers untimely whistleblower complaints to the NLRB , creating a loophole extension that allows a filing period of up to 180 days from the date of occurrence.
 

getonup

Junior Member
Also, some states like california, under Cal/OSHA have adopted their own statutes and allow for a 180 day filing period regardless. So you might not have a civil case but these cases do go to federal court and the department of labor sues the company or negotiates a settlement.

The good news on that note is that you will be given the most competent and aggressive legal representation free of charge.

Look into a case involving Duane Thomas marine construction for some case law.
 

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