California Employment Law

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California Employment Law

Can i sue a hotel if an employee assulted me and gave

Customer Question
information to my job that...
can i sue a hotel if an employee assulted me and gave information to my job that was not true which cause me to lose my job
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: new york
JA: Has anything been filed or reported?
Customer: no, i am trying to find a lawyer and i also dont know where to report this
JA: Anything else you want the lawyer to know before I connect you?
Customer: no you can contact me. do you need my number
Submitted: 1 year ago.Category: California Employment Law
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11/1/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,082
Experience: Significant experience in all areas of employment law.
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Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Did they assault you while they were on the clock at their job? In the course of their job duties? I very much look forward to helping you on this matter.

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Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
California Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Unfortunately, I'm not set up for phone calls. However, your request has been forwarded to other attorneys on the site who may be able to assist you further through that means. If you desire to continue here through this forum, it would be my pleasure to answer any remaining questions that you have. Just let me know....

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Customer reply replied 1 year ago
I am a flight attendant on a layer and was on a layover, missed my alarm. Call the front desk and advised me i would not shortly. I knew I was sick and was trying together my things together. I looked up and saw a hotel employee walking in my room, i yelled get out and he said you are needed at the airport, I asked to leave and he did not. I was nude and gathing my things to take a shower, he said no time. Then he trying putting clothes on. finally we left the hotel room and the person on the front desk thought I was drunk. They reported that I have pill in my room, which was my blood pressure pill and alcohol which a friend left that i did not have. The front desk person assume I was drunk. These allegation cause me to lose my job. When i got to the airport, emt was called, I was taken to the hospital for very low blood pressure and admitted because I was in renal kidney failure. and was tested for drug and alcohol and my test came back negative
California Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Thank you.

It sounds like you could perhaps sue for invasion of privacy and tresspass for entering your room without permission while you were naked and not leaving immediately when you asked. However, your damages there would be emotional distress, it wouldn't have anything to do with your job.

As far as defamation is concerned, I doubt that this employee said you were drinking. What they would have said is that they observed alcohol in your room (true) and that you may have been acting unusual, which seems at least somewhat plausible given that you were taken to the hospital for a serous medical condition later that same morning. These are not false statements are fact and thus cannot form the basis for a defamation claim. The fact your employer chose to terminate you based on these statements is highly unfortunate but I can't think of any legal basis to seek damages from the hotel or the hotel employee because of it. Any claim, as noted above, would be for tresspass and invasion of privacy. If you were touched you could claim assault as well. However, your damages would be limited to emotional distress based on the trauma of this experience.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 1 year ago
Thank you. However, my job played a tape between the hotel desk person speaking to my company that looked intoxicated . how do I go about filing charges
California Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Saying that you looked intoxication is just a statement of opinion. It is not a statement of fact (something objectively true or false) and so cannot form the basis for a defamation claim. I wish I could tell you otherwise, but a defamation claim based on such a statement would be immediately thrown out by the judge.

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California Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

*intoxicated

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Customer reply replied 1 year ago
ok, how can I find a lawyer to file my tresspass and invasion of privacy claim
California Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Since this is essentially a personal injury claim (emotional distress) you would want to talk to a personal injury lawyer. You can locate one here.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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