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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 28072
Experience:  Former judicial law clerk, lawyer
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On the evening of Augusttent, and associate my job when I

Customer Question

on the evening of Augusttent, and associate my job when I open slapped my hand and called me a pussy ass bitch. I complain to management, and he said that he would talk about it. on the morning of August 12th I arranged a meeting with my supervisor, a.k.a my co manager and he claimed that he would launch an investigation. 3 weeks have passed and I heard nothing back from my supervisor, so what I did was I called Corporation and acid this is unusual, they said it was very unusual and at the very least I should have heard back in the day or two that the investigation was still pending ever going to take more time. They recommended I speak to my store manager which I did. My store manager claim that video footage did not show him putting his hands on me.I also took it a sted the footage and came up with the same and he said he also reviewed the footage and came up with the same conclusion. So I'm very very confused, is what happened to me actually assault? Furthermore, if video footage did not show him putting his hands on me why would I still have a job, doesn't that mean I made a malicious false claim? Even though that is not what I did. do I have a right to view the video footage of the time and place I claim that he put his hands on me?are there any other steps I can take from here? Can I still call the police claiming that he assaulted me? I am scared to go to work and even though my attendance is excellentat this point it's getting harder and harder to show up to work not got my assaulter is still there?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Slapping someone is battery. It is a crime, and a civil cause of action. Assault is when a person threatens someone with an unlawful or offensive touching. You could still call the police and file a report, yes. They may question the delay in contacting them, but the statute of limitations for them to prosecute is one year after the incident, so there's plenty of time.

Your employer does not have to fire you if the evidence is inconclusive. They can't assume that your intent was malicious just because they couldn't substantiate what you said. When two co-workers have an altercation, the employer can choose to fire either, neither, or both of them. They may be worried that if they let you go, you'll sue them for allowing sexual harassment in the workplace. If this is an ongoing pattern of behavior, this could be considered a hostile work environment. If you choose to sue your manager or the employer, you can subpoena the video footage. There is no general right to view it without a court order.

If this type of thing happens frequently, by one associate or others, and your employer does nothing, then you may have a claim for a hostile work environment. However, I am hoping that this was an isolated incident and that you will not have to worry about it happening again.

Customer: replied 1 year ago.
does it matter what kind of slap it was? Granted it was not a slap across the face he just slapped my hand but still I felt really weird and violated being touched by somebody. secondly, in the past an associate refused to allow me access into a part of the store by using his body to forcibly block me,. in addition an associate in the past threw a Twinkie at me, and then once somebody claimed that was on purpose she said no it was not on purpose because if it was I wouldn't have hit him with just a Twinkie and I wouldn't have missed do these incidents also count assault? If so does this company have a history of allowing assault towards me all three of these associates are still employed within the company
Expert:  Lucy, Esq. replied 1 year ago.

The legal definition of battery is any harmful or offensive touching. From a damages perspective, damages will always be more the worse an offensive touching is - a vicious beating, for example, carries more of a penalty than a slap would. But a slap still qualifies as battery, no matter where it was. Throwing a Twinkie at you also counts as battery - or assault, if they missed. Getting hit with a food product qualifies as a harmful or offensive touching. Making you afraid you might get hit is assault.

Forcibly preventing someone from going somewhere they have a right to be is a type of false imprisonment, which is the civil equivalent of kidnapping.

Talk to the HR department to make sure everything is documented. And if there's any reason to believe that any of this behavior is because of your race, gender, ethnicity, religion, or sexual orientation, your employer could be guilty of allowing a hostile work environment to fester, which means you could have a lawsuit for damages (plus your attorney's fees).