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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Perpetrated the following acts of Criminal Threats,

Customer Question

Perpetrated the following acts of Criminal Threats, Intimidation, Disparagement of Character and Retaliation against me at a Los Angeles Department of Water and Power Holiday Party:


• Accusations of racism and bigotry;


• Unhealthy desires for children;


• Homosexuality;


• Thievery, and;


• Liar.


The aforementioned conduct was perpetrated against me as a result of my participation as a witness to misconduct in 2010. When the above accusations would not stick Mrs. XXXXXXXX threatened me with physical violence. All actions and comments were witnessed by sixty to ninety Men, Women and Children! Mrs. XXXXXXX a (Business Representative) for IBEW Local 18 was accompanied by a Supervisor (Angelia XXXXXXX) and Miguel XXXXXXX.


 


Please Help, Roshea XXXXXXXXXX

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Roshea, and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?

Do you know if any of the witnesses would be willing to testify on your behalf?
Customer: replied 1 year ago.

Good Morning Joseph,

 

In response to your questions I provide the following:

 

1. Can I take legal actions against the Perpetrators as well as the Department?

 

2. Yes, the following stood in opposition of the assault; Michael XXXXXXX, Gary XXXXXXX, Preston XXXXXXX, Mrs. XXXXXXXX, Michael Sannes, Ulysses XXXXXXX, Mrs. XXXXXXX, Clifton XXXXXX, Derrick XXXXXXXX, Duke XXXXXXX, Juan Esparza, Ruben Hauser, Patrick XXXXXXX as well as others!

 

Please Help,

 

 

Roshea XXXXXXXXXXX

Expert:  Joseph replied 1 year ago.
1. Unfortunately, you can likely just take action against hte Perpetrators and not the Department.

1. If an employee engages in an intentional tort, such as defamation and assault, in your instance, that is considered outside of the scope of their employment, so you wouldn't be able to hold the employer liable for their actions. However, since the incident(s) did occur at a Department party, you could argue that the actions were within the employees' scope of employment, espeically if their attendance at the party was 'required.'

Also, if you can make a link between your protected conduct and the actions that were taken against you, you would have a valid retaliation complaint. Since you have already filed a complaint with the EEOC, I assume that retaliation was the basis of your complaint.

2. That's great.that you have many witnesses to support your claim. You should try to get statements from them as soon as possible. They will also be very helpful to you if your case goes to trial, since it will change your claim from a 'he said/ she said' situation with witnesses to support your claims.
Expert:  Joseph replied 1 year ago.
Hello Roshea,

Please remember to rate my answer so I get credit for my work!

Or, please ask me any additional qustions that you have.

Thanks and best of luck

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