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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34172
Experience:  Retired (mostly)
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I was attacked at work by a psych client. I got sucker punched.

Resolved Question:

I was attacked at work by a psych client. I got sucker punched. He had already atacked a patient on the previous shift. I went to an urgent care center too see if my nose was broken. But before i even recieved treatment, the receptionist told me my employer was requiring that i take a drug test. Is this legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

Can you please tell me if you were seeing the urgent care doctor in his/her capacity as an occupational medicine provider, or as a regular physician on your health care plan?

Customer: replied 1 year ago.


I do believe he was acting as an occupational medicine provider. Fremont Urgent Care didn't ask me for any insurance information. When we employees get checked out after being assaulted we don't have to pay for the medical charges.

Expert:  socrateaser replied 1 year ago.
Okay, thanks.

California law is more protective of individual privacy rights then is federal law, as the California Constitution Article 1, Section 1 provides an express right of privacy to every person.

The courts take the position that the primary focus of a state constitutional privacy claim in the employee drug testing context is a reasonableness balancing test—balancing the drug test's intrusion on the reasonable expectations of the employee against the drug test's promotion of  the employer's legitimate interests.

Considering that you were trying to obtain immediate medical aid for a recent traumatic injury, were I the judge, I would find the employer's demand beyond the scope of its reasonable interests under the circumstances. Even if you were under the influence of an illegal substance, that had nothing to do with your injuries. You were simply attacked by a client. Under the circumstances, I think that you could have a workers compensation retaliation claim against the employer (Labor Code 132a). And, you may have a disability discrimination claim under Govt. Code 12940 (Fair Employment and Housing Act).

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34172
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks! You are awesome. Something just didn't feel right about how I was being treated by my employer. The information you have given me has helped tremedously afetr such a tough, tramautc day at work. Thanks again.

Expert:  socrateaser replied 1 year ago.
You're welcome. If you would like to contact local employment rights counsel, see this link.

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