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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19778
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I wanted to get some information about a situation going on

Customer Question

hi my name is***** and I wanted to get some information about a situation going on at work I work for this Warehouse where we barely get breaks and sometimes it takes us 8 and a half to 9 hours before we get a lunch the other day I was complaining to a supervisor about as working eight and a half hours and we hadn't had a lunch yet the supervisor was very rude and asked me to come over to talk to him when I did come to talk to him he asked me are you ready to go to lunch I say yes I am as I turned away he pushed me and told me well go ahead then is this a situation I need to get a lawyer involved in
Submitted: 8 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 8 months ago.

Hello Lakisha and thank you for the information. If you are asking if there is some sort of action you can take for him pushing you, then the answer would be yes, assuming you didn't touch him for or threaten him or his space some how. You could file an assault and battery complaint with the police and could technically find an attorney to file a tort suit against him personally for assault. However, in the first case of the criminal complaint, it would be up to the police and prosecutor whether or not they carried through and formally charged him. In the case of the civil tort lawsuit, your attorney would have to try to come up with some sort of damages in your case. That would be very difficult unless you were bruised or fell down from the push.

So, as mentioned, there are options, but they might not go very far because of the nature of this incident. Your employer doesn't have to take any specific action under the law, but if he touches you, or someone else again, without your permission, then the employer would be as liable as he would be for any injury or damages.

In terms of the break issue, Georgia law does not require employers to provide any rest breaks or meal breaks, so that becomes and internal employer policy issue that you have to try to resolve in house with your employer.

Please feel free to ask for clarification if needed. Thank you