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Employee's Right - Assault and Battery

According to law, battery is an assault in which the person makes physical contact without the permission of the other person. Assault is a threat or attempted physical attack by someone who appears to be able to cause bodily harm if not stopped.

No working place is safe and immune to violence, and employees have the right to sue the assaulter for injuries caused because of that. Employers can also be held responsible for the assault committed by one of their employees on another at the workplace. Employers can also be made accountable, under Title VII of the Civil rights Act of 1964, for battery because of physical harassment inflicted on account of sex, age, race, disability, color, or national origin. In some states, if the employer fails to act on the first harassment complaint that later results in physical harassment, the mistreated employee can seek damages against the employer for battery.

If the employee has been assaulted at the workplace by a coworker, resulting in on-the-job injuries, he/she can file for workers’ compensation against the employer. If serious injuries have been inflicted, then the employee can press charges of pain and suffering and claim damages from the employer, which might be substantial compared to workers’ compensation.

At the time of wrongful termination, physical assault occurs when the employee is obstructed physically from taking his/her personal belongings, or he/she is shoved or removed from the workplace using physical force. If such is the case, the employee can file a case against the employer. It is advisable to consult a labor attorney.

know your rights now!