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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1266
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was assaulted by a male coworker who was in a hurry to use

Customer Question

I was assaulted by a male coworker who was in a hurry to use the room I was using. I called him a name and he called me a name and when I turned to him He pushed me into the wall and sucker punched me in the face, the tried to hold or grab my arms when I defended myself. After the scuffle to the floor he was ontop of me the called for police to be called. I went to er and asked them to call police for me. The patient he brought in he room with his back to us said he saw me hit him first, my patient had left, but witnessed the harassment before he came in said he harrassed me . I need legal help I have been out on admin leave with proposal to terminate.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  S. Huband, Esq. replied 3 years ago.
First, I'm sorry this has happened to you and I hope you have recovered from your injuries!

I take it you were arrested or cited for assault? Do you have a court date yet?

Thanks for the help,
Shuband
Expert:  Joseph replied 3 years ago.

Are you looking for assistance regarding a criminal case or your employment situation? The previous expert is in criminal law, but if your question is more concerned with your employment situation, please let me know, so I can fill in.

 

Thanks!

Customer: replied 3 years ago.

Iam concerned for both. i


I HAVE BEEN ON MY JOB FOR ALMOST 20 YEARS AND HE HAS BEEN HARRASSING ME SINCE HE HAS BEEN ON FOR THE LAST SEVERAL YEARS I HAVE COMPLAINED TO MANAGEMENT ON DEAF EARS HE HAS HAD AN ANGER PROBLEM HAVING TEMPER TANTRUMS, CURSING, YELLING AND TEARING UP EQUIPMENT AND THROWING THINGS, INTERRUPTING MY EXAMS AND WE DONT HAVE DEPT MEETINGS THEN I WENT TO WORK AFTER AND HAD A PANIC ATTACK AFTER PERFORMING WN EXAM IN THAT ROOM. NOW I HAVE TO FIND HELP THERE ARE NO ASSAULT CHARGES ON HIM THAT I ASKED FOR AND I GOT

Expert:  Joseph replied 3 years ago.

I have a few more questions for you before I can start answering your questions.

 

Have you been charged with assault?

 

Do you know if there were any security cameras?

 

Have any other fellow employees had issues with this employee, or are you the only one?

 

Finally, are you an at-will employee or do you have an employment contract with your employer or are a member of a union?

Customer: replied 3 years ago.

I HAVE NOT BEEN CHARGED WITH ASSAULT, I WAS SEEN IN ER IMMEDIATELY FOLLOWING QND THE OFFICERS CAME THERE ANR TOOK THE REPORT, BUT THEY WERE THERE TO SUPPORT HIM THERE WERE STATEMENTS FROM EMPLOYEES THAT WERE NOT PRESENT DURING BUT AFTER ANF THEY COMMENTED WITH WITNESS STATEMENTS IN THE POLICE REPORT. I AM A FEDERAL EMPLOYEE WITH 17 YEARS IN WITH VA HOSPITAL I AM IN THE UNION THERE HAS .BEEN A REQUEST FOR EXTENSION OF PROPOSAL OF TERMINATION CITING DOUGLAS VS

Expert:  Joseph replied 3 years ago.
Your last reply got cut off. Could you please resend it, at least the part that got cut off? Also, would you mind not typing in all caps, as it comes off as shouting. Thanks!
Customer: replied 3 years ago.

Sorry for the errors as my phone is difficult to type on I will try

Customer: replied 3 years ago.

Sorry for the errors as my phone is difficult to type on I will try I have a proposed removal citing 1 Striking employee in face 2. Inappropriate language 3. Bumping and pushing fellow employee and the DOUGLAS VS VA Checklist factors I am being ousted for the same reasons i filed or thought i filed I'm going traumatic stressp, i still cant walk right on my foot, and more neck pain from my previously reinjuried body i am on modified duty from a work comp injury and he and HRand Mgmt know it I have been trying to crosstrain to promote before my body cant take anymore I have no reason to jeapordize my time

Customer: replied 3 years ago.

i dont know how to resend from this system.


 

Customer: replied 3 years ago.

I would like to know what kind of help i should ask for and who can help me i keep running into road blocks

Expert:  Joseph replied 3 years ago.

Unfortunately, I cannot tell you what type of help to ask for. I can only answer questions that you have regarding your situation that you pose.