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Thomas Swartz
Thomas Swartz, Attorney
Category: Employment Law
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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What are my rights when a fellow employee plugs a knife on

Customer Question

What are my rights when a fellow employee plugs a knife on me.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Thomas Swartz replied 3 months ago.

Hello Lavada,

In addition to pursuing any disciplinary action against the other employee through your employer, you would have the right to bring both a civil lawsuit against the employee for assault, and bring criminal charges for assault.

A civil assault occurs when someone makes an intentional attempt or threat to inflict injury on another person, coupled with an apparent ability to cause the harm, which creates a reasonable apprehension of bodily harm or offensive contact in the victim. Certainly someone pulling a knife on you meets all of these requirements. So, you would be able to sue this person in court for damages.

A criminal assault basically has the same requirements. So you can report this incident to the police. But ultimately a prosecutor would decide whether or not to bring criminal charges against the other employee.'

Thomas

Customer: replied 3 months ago.
Okay, my employer suspended the both of us pending investigation with pay. However, she does not need to be environment because she is apparently mentally unstable. She approached me due to something she hear I said. And she actually hit my hand.
Expert:  Thomas Swartz replied 3 months ago.

If she actually hit you, you would have an additional claim for battery A battery is when someone hits or touches you in an offensive manner. With respect to your employer's investigation, you would have the right to make a statement to your employer setting forth your side of the story and present any other evidence you have about the incident, including testimony from other eyewitnesses to the incident.

Thomas

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