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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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I was at work, , I am 19 years old 155 pounds 59, sitting

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I was at work, , I am 19 years old 155 pounds 5'9, sitting at a table with a guy and girl whom also work at the same place. The guy got up and the girl and i were talking, i had asked her weeks before to come to my church, well the guy heard her say sure i will go with you and thought i had asked her out, i did not know they just got done fighting and had broken up. she is 19, he is 35 years old, 5'7, 200+ pounds all muscle gang member, hispanic, gang tattoo's all over, he grabbed the girl by her neck threw her accross the room, then charged at me, first time pushing me back then swinging at me, then going for my neck. I was and am scaired. the girl went and told the manager, she brought him in, then had him apologise to me, that did not make me feel safe, so i went and called the general manager, told him what had happened, he called the manager on duty, the manager on duty then told the guy i had just told the general manager and the guy came up to me and asked me why i called, what did i think i would gain from this, now i feel more scaired, the general manager said they are not going to do anything further. I have called the dictrict manager but he has not called me back, i am scheduled to work tomorrow but i am scaired of this guy and do not know what to do. The bulldog gang here in Fresno Ca is ruthless, he is a memeber of that gang, he is on probation, he has teardrop tattoos buy his eye which means he has killed somebody. what can i do
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

You have a difficult situation here. You could have dialed 911 immediately after the assault, and the police would have come out and arrested the coworker and charged him with assault and a probation violation -- which would immediately put him in jail, with little possibility of being released.

The problem with that scenario, is that there may be other gang members who will retaliate against you. And, that could really get you hurt or killed.
So, you have a choice to make: you can still call the police and report the assault. If the girl will corroborate your statement, then that would seal the deal and the coworker will be arrested. If she won't, you may have a problem, because it's your word against the other employee.

Additionally, you and the girl can sue the employer for the coworker's assaut on you. But, none of that will prevent the coworker's homeys from coming after you.

If I were representing you, I would meet with you and the girl and offer to sue the employer for the assault. Then I would use that legal action as leverage to hopefully get you transfered to another location, or to have your wages paid while you search for another job, if there's no place where you can transfer.

So, you may want to think about contacting an employment rights attorney and going that route.

For a referral, see this link.

Hope this helps.

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