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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18788
Experience:  Employment/Labor Law Litigation
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My moms was fired after she gave her two weeks notice so I

Customer Question

My moms was fired after she gave her two weeks notice so I told them they were crazy for firing her since she had been work 70-100 hours a week and yes I got mouthy but the COO hit me in the back of the head and fired me.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You could sue the COO for hitting you, which is called assault and battery in tort law, but unless you sustained a medical injury there is likely not going to be a financially good reason to do so. You'd end up costing yourself more money in the suit than you'd make in the suit.

In terms of employment law, unless you had a contract of employment that expressly stated you could only be terminated for cause, your employment was "at will" and could legally be terminated at any time. The reason for your termination here, while silly, isn't illegal.

Your comments concerning your mother's release, while completely understandable, were not legally protected comments. This is because the employer's decision to release your mother was actually legal. When one gives a two week notice, what you are actually doing is immediately resigning and then offering the employer the option of having you work for the remaining notice period. The employer doesn't have to accept that notice period and refusing it does not convert the resignation into a termination. Regrettably, that would mean that your termination was not illegal retaliation, because you were not making a complaint about an illegal activity. As such, your termination would be legal.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 2 months ago.
What about providing a safe working environment? When a COO is aloowed to hit his employees
Expert:  Allen M., Esq. replied 2 months ago.

Providing a safe work environment isn't a specific legal requirement, in the sense that you are talking about here. It doesn't create its own lawsuit. When someone is damaged physically and the employer has failed to provide a safe work environment, then employer is subject to a lawsuit.

You could also sue the employer sue both the employer and the COO for striking you. But again, this is not an employment law matter. It is a personal injury lawsuit and unless you had some lasting physical trauma, the damages that you can claim in such a lawsuit would be very small. Mostly, you'd be suing for the wrongness of being struck and asking the judge to provide some damages out of a desire to punish the COO and employer. Again, though, those damages are going to be so low, that you'd pay more for an attorney than you'd get for the suit.

If you really want to go through that exercise, just to set things right, then I'd sue through small claims court. They'd have to stand in front of a judge and explain themselves. You'd likely get some damages awarded and the cost of suing in small claims is so small as to avoid the issue I'm telling you about in a state level lawsuit (losing all the money in attorney's fees).

COO's aren't allowed to strike people, but I think you are mistaking what the recourse is in such situations. COO's aren't allowed to hit people because it is a criminal offense and a tort....not because there is any specific employment law against it.

Report the COO to the police and sue the employer and COO in small claims court. This is not an employment law matter though. I wish I could tell you differently here, but I've been working in this area of law for a long time and your facts just don't present an employment law complaint against the employer.

Expert:  Allen M., Esq. replied 2 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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