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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I work night audit at a hotel and was a victim of an assault

Customer Question

Hi - I work night audit at a hotel and was a victim of an assault while at work. I am pressing charges against the person who did it. My employer had a security tape, but when I asked for it they said they did not have it. Nor did they take an incident report - even though the police were called. Can they be sued for jeopardizing my criminal case or anything else?
Submitted: 1 year ago.
Category: Employment Law
Expert:  CalAttorney2 replied 1 year ago.

They can be sued for "spoliation of evidence" (this isn't a great cause of action, but it is a potential one). You should be represented by a personal injury attorney for your assault claim, and they can assist you with the claim against your employer.

You may want to consider potentially joining your employer as a defendant in the suit against the assailant for an unsafe work environment (again, I hope that you have a personal injury attorney representing you, and you can explore whether or not this is a viable option to pursue in your specific circumstance).

If you do not currently have a lawyer representing you, you can find local plaintiff's lawyers (also called "trial attorneys") using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).