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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37868
Experience:  Retired (mostly)
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I was suspended 2 weeks ago without pay for issues my boss

Customer Question

I was suspended 2 weeks ago without pay for issues my boss would not fully explain. Since november 2012 i have had issue afer issue with him. The latest issue started monday where i had to write an apology email to a fellow staff member. The staff member and i are ok as it was a misunderstanding blown out of porportion by our boss. On 4 july at 4:25 just before i was getting ready to go home he call from the hallway that he wanted to see me in his office (i had the feeling he wanted to yell at me again) i told him i had a bus to catch at 4:30. He said he did not care and said as my supervisor he was ordering me to his office (i dont get overtime) i again told him i was going to catch my bus . As i was getting ready to open the door to leave my area he comes charging through the door almost hits me put his finger less then an inch from my face and continued pointing and yelling. I was scared. He so invaded my personal space he was spitting on me. Is this assult or battery?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.

Criminal assault requires the intent to commit a serious physical injury on annother, coupled with the present ability to commit such injury. Since it is apparent that your supervisor did not intend a physically violent injury, there is no criminal assault.

Criminal battery is a completed criminal assault.

Civil assault requires only the apprehension of an imminent harmful or offensive touching without consent. No actual contact is required.

Civil battery is a completed civil assault (harmful or offensive touching).

The only claim you could make against your boss would be civil assault. You would need a witness to the interaction. Otherwise, it's your word against your boss, and the court would be required to rule for your boss as defendant.

I realize this may not be the answer you are looking for, but in court, you need credible evidence or you cannot prevail.

Please let me know if I can be of further assistance.

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