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JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11396
Experience:  Government and private sector employment law experience
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When a manager puts their hands around your neck in a choking

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When a manager puts their hands around your neck in a choking manner, even if playfully, is that harrasment?
Hello,

I am a professional here to assist you. I appreciate your use of this service.

The term harassment in the workplace is typically association with a form of employment discrimination. The act you describe would be very likely be criminal. The employee should file a police complaint if they intend to pursue this matter. The employee may have further recourse if they are a member of a protected class such.

Federal and state law provide protections for certain "classes" of persons from employment discrimination including harassment. Those laws do not protect against all practices which seem unfair, rather it is only a discriminatory act against a specific class of persons which is prohibited. Here are those protected groups:
•Age•
Disability
Equal Pay/Compensation
•Genetic Information
•National Origin
•Pregnancy
•Race/Color
•Religion
Retaliation
•Sex
•Sexual Harassment

If you believe that discrimination was a motivation in the employer's action, then you may want to consider pursuing a claim with the US Equal Employment Opportunity Commission or EEOC. If you fail to file a complaint with the EEOC timely, then you may be barred from pursuing a civil suit later. The deadline can be as short as 180 days from the last discriminatory act. You may file a complaint by going to the following link:
http://www.eeoc.gov/employees/charge.cfm

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Thank you
Customer: replied 4 years ago.

How long do i have to file a complaint with the police department? It happened about 3-4 weeks ago, i cant remember exactly when. i also have a witness.

You are certainly within the statute of limitations for criminal prosecution. It is not too late to file a criminal complaint with the police.

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Customer: replied 4 years ago.

Im nervous about going to the police. Is it a problem where i dont remember exaclty when it happened?

Not remembering details such as the date or time of an event is a problem. Witnesses may add their statements in order to point out a precise time.

Please follow-up with me as needed. I hope you will take a moment to leave a positive rating for my efforts here. Please do not hesitate to follow-up with me if you cannot leave a positive service rating. Your satisfaction is my goal. I rely on these service ratings. I appreciate it.

Thank you
Customer: replied 4 years ago.

Im sorry, but im going to jump all over the place with questions. I work in the automotive field. The employer that i work at has implemented a new policy about certain aspects of my job. One of which, which is not documented in the employee handbook, is that if we break something on the vehicle while repairing it, i.e., accident, we are required to pay for the full cost of the part. Even though i did not sign anything stating i would do so. Is this particular policy lawful?

I appreciate the new question, but site terms will require the we start a new post. If you will be so kind to leave me a positive service rating for this answer we can move on to your next question. Simply select a service rating for this question and then start a new post "For JohnJ" only.

Please follow-up with me as needed. I hope you will take a moment to leave a positive rating for my efforts here. Please do not hesitate to follow-up with me if you cannot leave a positive service rating. Your satisfaction is my goal. I rely on these service ratings. I appreciate it.

Thank you
JBaxLaw and 3 other Employment Law Specialists are ready to help you
Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for leaving me a positive rating and ensuring that I receive credit for assisting you.

Thank you again