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Can I sue my employer after a manager allegedly instructed a coworker to strike me at work?

Jessica B
Jessica B

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Based on your situation, there are several legal arguments and considerations in employment law that could potentially support your case:

Workplace Violence: Under employment law, employers have a duty to provide a safe working environment. If your manager instructed another employee to harm you, this could be considered a breach of that duty.

Assault: The act of hitting someone on the head can be classified as assault, which is a criminal offense. This could have legal implications for both the employee who committed the act and the manager who instructed it.

Retaliation: If this incident occurred as a form of retaliation for any previous complaints or actions you took, it could be a violation of employment laws that protect employees from retaliation.

Let's go through some steps you can take to address this issue:

1. Document the Incident: Make sure you have a detailed record of the incident. Write down everything you remember, including the date, time, location, and any witnesses. If you have any physical evidence, such as photos of injuries, keep those safe.

2. Follow Up with HR: Since you've already reported the incident to HR, follow up with them to see what actions they are taking. Ask for a copy of the report and any documentation related to your complaint.

3. Seek Medical Attention: If you haven't already, see a doctor to assess any injuries. This is important not only for your health but also to have medical records documenting the injury.

4. Consider Legal Action: You might want to consult with an employment lawyer to discuss your options. They can help you understand your rights and whether you have a case involving workplace violence or assault.

5. File a Police Report: If you feel comfortable, consider filing a police report. This can be an important step if you decide to pursue legal action.

6. Explore Other Resources: Look into any employee assistance programs your company might offer. They can provide support and guidance during this time.

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Employee Incident Report Template

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My manager sent another employee to hit me on the head. What do I do?

Lexi

Lexi, Chatbot

I'm really sorry to hear that you're experiencing such a troubling situation. Have you reported this incident to your HR department or any higher management?

Yes, I’ve reported it to HR.

Lexi

Lexi, Chatbot

Can you provide details about the nature of your employment, such as whether you are a full-time employee or a contractor?

Full time.

Lexi

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your workplace violence issue.

No.

Jessica B

Jessica B

Thank you for choosing our service! My name is Jessica, and I am a licensed attorney who will be assisting you with your question.

I understand you're dealing with a situation involving your manager sending another employee to hit you on the head.

Jessica B

Jessica B

Based on your situation, there are several legal arguments and considerations in employment law that could potentially support your case:

Workplace Violence: Under employment law, employers have a duty to provide a safe working environment. If your manager instructed another employee to harm you, this could be considered a breach of that duty.

Assault: The act of hitting someone on the head can be classified as assault, which is a criminal offense. This could have legal implications for both the employee who committed the act and the manager who instructed it.

Retaliation: If this incident occurred as a form of retaliation for any previous complaints or actions you took, it could be a violation of employment laws that protect employees from retaliation.

Let's go through some steps you can take to address this issue:

1. Document the Incident: Make sure you have a detailed record of the incident. Write down everything you remember, including the date, time, location, and any witnesses. If you have any physical evidence, such as photos of injuries, keep those safe.

2. Follow Up with HR: Since you've already reported the incident to HR, follow up with them to see what actions they are taking. Ask for a copy of the report and any documentation related to your complaint.

3. Seek Medical Attention: If you haven't already, see a doctor to assess any injuries. This is important not only for your health but also to have medical records documenting the injury.

4. Consider Legal Action: You might want to consult with an employment lawyer to discuss your options. They can help you understand your rights and whether you have a case involving workplace violence or assault.

5. File a Police Report: If you feel comfortable, consider filing a police report. This can be an important step if you decide to pursue legal action.

6. Explore Other Resources: Look into any employee assistance programs your company might offer. They can provide support and guidance during this time.

Jessica B

Jessica B

31,604 satisfied customers

Jessica B
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