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Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12620
Experience:  Licensed attorney
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I was instructing my supervisor to do a job of neglect and

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I was instructing my supervisor to do a job of neglect and he started cursing and pointing his finger in my face and when I pushed his finger out of my face he punched me in the face and fractured my cheek bone so I fired him and the owner of the company overturned my decision. After going to the hospital and getting my lip stitched up what can I do to provent from returning to a hostile work environment ?
Thanks
Jay Credeur
Hello there:

Thank you for your question.

I should start by saying that because the nuances of every situation are different, this information should not be relied upon as complete or advice without consulting in person with counsel. That said, when someone in Louisiana poses a physical threat to another, where the person needing protection has been physically attacked by the other, and where the individuals involved do not have a domestic relationship, there are generally two options available.

First, punching someone in the face is a criminal act. The matter can be reported to law enforcement, and the court can impose a criminal restraining on the defendant. A restraining order would prevent the restrained party from contacting or coming near the protected party, even at work.

Second, the party needing protection can seek an "injunction against abuse". An injunction against abuse works just like a restraining order. One can be requested by contacting the local Parrish clerk of court and requesting one (there are forms that must be filled out).

It is generally not illegal for an employer to keep an employee who has attacked another employee, but it's usually a bad idea: if the attacker hurts either the victim or anyone else on the job, the employer will have had warning and the employer would be vulnerable to a lawsuit. In other words, if an employer knows that an employee has a violent history, the employer can potentially be sued for any violent thing that the employee does thereafter.

Let me know if further clarification is needed. Thanks.
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