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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111683
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I work at Walmart. On 8-10- 15 @ 910 pm an associate named

Customer Question

I work at Walmart. On 8-10- 15 @ 910 pm an associate named james and slapped my hand. I approached him and said not to put his hands on me, he said go ahead and tell u Canadian pussy bitch. Does this count as assault,or battery? Tell me the legal definition
of both those terms. After what happened I spoke to my assistant greg & he said he would speak to him. I felt he did not really take it seriously, due to the fact I was under the impression whenever somebody was touched in the workplace they need to be pulled
into the office immediately I spoke to his supervisor nissay as well, on the morning of 8/12 nissay said in a case like that I was right and people should be pulled into the office right away to get further detail about the situation. I was told an investigation
was going to be launched. 3 weeks went by & I did not hear a thing so I called corporation & they told me that it was weird 4 me not 2 have heard anything regarding the investigation, at least as far as terms of we are still working on the outcome. a month
eventually past & I finally decided 2 talk to nissays supervisor, store manager gil. My store manager said he was going to look into it, a week later I got with him and he told me that cuz the cameras did not see anything my claim could not b verified. I also
spoke 2 my store managers supervisor baltazar 2 take this even higher because after what happened I do not feel safe coming 2 work. baltazar also told me they werent able 2 find any documented evidence of him putting his hands on me. Nothing else happened
w/the situation goes 10/19/15. I was walking by & james was in front of me so i asked him to move, he didnt respond or move so I said excuse me once more and finally he moved to the side. As I started to walk I noticed he got very close behind me less than
a foot away and seemed to be walking faster to keep up with me, I turned around and he was less than a foot distance from me and he smiled. When I reached my destination point he was still following me and I attempted to grab a pallet jack he told me that's
my pallet jack, I responded no that's walmart's pallet jack. James said no its mine and don't you forget it next time. This happened around 10:15, @ 10:52 I was walking by with a pallet full of freight I was expected to work he hit my pallet with an empty
cardboard box and said watch out. Is any of this considered illegal or workplace violence? Also is this a complete new issue or is this stuff that should be added onto the previous issue regarding james? does the incident on August 10th qualify as a precedent
to the incident on october 19th. would there be any point to taking this to small claims, I legitimately do not feel safe coming to work now. If I do take them to small claims, can a subpoena be issued for video footage to see if the incident was recorded?
Can the company terminate me for seeking a lawsuit. Also is it possible to just sue the individual and not the company itself?
Submitted: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
Furthermore this isn't the first time I thought I was a victim of violence in the workplace, back in March I was attempting 2 go 2 an area of the store to put my cardboard in the Baler, an area of the store i have every right to be in. an associate by the name of Drake blocked my way and refused to allow me to pass . I tried to get by and he used his body to deter me. Is this illegal in any sense? it is false imprisonment? I spoke to my assistant manager roman about it. And he said he would handle it. A week later the associate was harassing me again making comments calling me a cry baby and a tattle tale. this time I spoke to Romans supervisor, the store manager Rhonda.A week later more of his comments came forward where he called me a stupid f**king Canadian. this time I spoke to my store manager and also a Support Manager( a support manager is above a regulat overnight stocker but below an assistsnt manager.) A week later more comments were made with calling me a crybaby an idiot. My other assistant manager at the time Tiffany spoke to me and claimed she knew drake was the aggressor. A couple days later I arrived in to work with a black eye for a completely unrelated incident. Drake attempted to make comments about that saying wish i gave it to you and i responded by speaking to roman and told him what went on and I asked him if I could leave because I was getting tired of having to deal with the day in and day out, after that no more incidents happen until the end of April. We both live in the same town and I was walking he spotted me in his car and that if he ever got me alone and had the time he would kill me. I should have went to the police but I didn't because there was no witnesses around due to the fact the last altercation with him happen outside of work does it reflect that all on the work environment. I don't feel safe at all coming into work now, is there anything I can do? Did i lose wages? is the fact they brought up the fact I'm Canadian an incident of racism?
Expert:  Samuel-II replied 1 year ago.

Hello

This is Samuel and after reading your facts as set forth, I suggest, that if the management did nothing to assist you after the hand slapping assault against you and continued to allow this Harassment to continue, that you should consider filing a Complaint with the EEOC.

Yes, it appears there was an assault and there is harassment based on your national origin.

HERE Is the link for the EEOC.

Please let me know, if you have other questions or need more information or clarification.

Thank you

Customer: replied 1 year ago.
Please opt out. I would like to work with someone else. Thank you.
Expert:  Samuel-II replied 1 year ago.

Unfortunately, I have no way to opt out in this screen. I will send this to customer service and see if they can do it.

Thank you and good luck. No need to further respond or rate.

Thanks for your patience and I apologize for any inconvenience.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR.

Slapping you on the hand is a battery, which is defined as an unwanted touching of another without their consent. The following you around and making threats can also be considered an assault, which is where the conduct of the individual places you in reasonable fear of receiving a battery. Those are the two definitions, battery and assault. You could file a police complaint against the person and have them arrested, you do not have to go through the employer if you choose not to do so.

Also, if they say they are doing this to you because you are Canadian, that is discrimination based on your national origin and that is against the employment discrimination laws, which would be handled by you filing a complaint with the EEOC as previous expert told you (the EEOC has to investigate to grant you a right to sue on discrimination claims as part of the court requirement that you must exhaust all administrative remedies before you can sue in court. You only have 300 days to file a complaint for continued harassment.

Also, you have 1 year to file criminal charges for the battery and assault.

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