Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was assaulted at work by an employee. I filed a report with…

Customer Question
I was assaulted at work...
I was assaulted at work by an employee. I filed a report with the sheriff's office and it is listed as assault and battery.

My employer refuses to fire this person because they said he was "too valuable because customers hate change, and his route is too valuable". The person who assaulted me has three assault and battery charges on his record, one with a deadly weapon. My employer does back ground checks prior to employment, and knew this person's history.

What recourse do I have against the employee and the employer?
Submitted: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
6/18/2010
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

You may have a case for negligent hiring against your employer. You will want to consult with a local employment law attorney or, if you can't find one that handles these cases, a personal injury attorney. Because your employer knew this person's history and hired him anyway, then they are vicariously responsible for his actions and directly responsible for their own hiring practice that put you in this position. I am assuming that you have a case that does not involve mutual combat or self-defense on his part.

You apparently have already filed criminal charges against this individual. You could also request a restraining order if you can show that you are under a continuing threat. If the restraining order is granted you will, of course, want it to include the workplace. Finally, you could file civil charges against him for the assault and battery. You will want to speak with a personal injury about that. In fact, you could talk to them about both your employer's liability and his.
Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
20,986 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,986 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Is it against the law in Massachusetts to fire a employee
Is it against the law in Massachusetts to fire a employee for something on there cori 6mos after hire if the never signed for cori… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My question is do i have grounds to sue P.D. or hosptial for
Hello, my question is do i have grounds to sue P.D. or hosptial for pain and suffering emotional distress, financial hardship? This is based on a falsified police report, that caused me to be arrested… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
An employee at work threw papers at me and hit me in the
an employee at work threw papers at me and hit me in the eye. he was angry and saying i disrespected him because i hung the phone up on him abruptly. he also proceeded to say dont ever disrespect him … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I work small company in Houston, Texas. 13 employees. I have
I work for a small company in Houston, Texas. 13 employees. I have been out sick for days and days since my boss tried to trap me in my office and would not permit me to leave. What recourse do I have… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I received a job offer that states a criminal background
I received a job offer that states a criminal background will be done after I start job and I can be terminated based on unsatisfactory findings. This is a manufacturing job in NC. I was arrested in M… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,256 satisfied customers
I was choked at work. He was arrested. Now my bosses are going
I was choked at work. He was arrested. Now my bosses are going to interview both of us and decide if anybody will get fired. I will not drop the charges of battery. Not sure if I can go to work with h… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
20,986 satisfied customers
IN RE: NEGLIGENT RETENTION AND HIRING..I WAS ASSAULTED BY A
IN RE: NEGLIGENT RETENTION AND HIRING..I WAS ASSAULTED BY A VIOLANT FELON, SINCE I BEEN INTIMIDATED HARRASSED, SEXUALLY, MENTALLY, YOU NAME IT. AND RECENT MY EMPLOYER SENT ME A TEXT ADMITTING HE NEVER… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello, we would like to hire someone for our company and relocate
Hello, we would like to hire someone for our company and relocate them, but they have 3 assault rifles and i am not sure exactly which states he can have those in. They are licensed and registered to … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
if i am fired from a job how long does my employer have in
if i am fired from a job how long does my employer have in the state of north dakota to get my final check to me… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Can an employer fire you after 8 months of working re a criminal
Can an employer fire you after 8 months of working re: a criminal record that was on file and known about prior to hire. Situation; after 8 months employer says on your application you put that you we… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I have been employed by my company since May 04. Prior to
I have been employed by my company since May 04. Prior to my hire I advised them that I had a criminal record of an assault charge from 1999 & they did a CORI check on me. I was then hired after they … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an exotic dancer in Dallas. The club I worked at until
I am an exotic dancer in Dallas. The club I worked at until Friday has a long standing history of treating the girls with disrespect, but it is the top money club in town to work at. During the last 6… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I work in a nursing home in Missouri. A staff member cursed
I work in a nursing home in Missouri. A staff member cursed another staff member and then shoved her. He was left on the job after the incident and now the director of nursing is wanting them to get t… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
can an employer or a person file a hate crime against me if
can an employer or a person file a hate crime against me if they overheard me saying that I hate this person for what she did to me? would this hate crime charge be in what record?… read more
Guru_Guy
Guru_Guy
Doctoral Degree
1,634 satisfied customers
At a sales meeting last year in May, I was shoved by a drunken
At a sales meeting last year in May, I was shoved by a drunken VP into the President who pushed me back and the VP forcibly shoved me back and I hit the ground - mild to moderate disc herniation. At a… read more
Ronald Frederick
Ronald Frederick
Principal
Doctoral Degree
86 satisfied customers
I was forced to fire a Nurse Aide today because her back ground
I was forced to fire a Nurse Aide today because her back ground check came back with two domestic assault charges in 2003. She was not convicted and the charges were dismissed. Our policy in no feloni… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
If a person gets fired for lack of trust, can an employee collect
If a person gets fired for lack of trust, can an employee collect unemployment. {Reason: I attend college and I wrote my semester ending date on the wrong day of my callenar and by the time I relized … read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
Do we have to disclose felonies on job applications
My son has four felonies on his juvenile record. He got them when he was 13,14,15. He''s now 18 and has not been in any trouble for three years. Do we have to disclose these on job applications? We li… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x