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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19219
Experience:  Employment/Labor Law Litigation
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I went on a business trip with 3 of our managers to

Customer Question

I went on a business trip with 3 of our managers to Kentucky, and all of us were staying in the same room all intoxicated. I've threatened my job a couple times because he still owes me overtime in the past, and i brought that up again, and that triggered my boss to blow up at me and put his hands on me, but as he had his hands on me he said "if I walk out the door that'd I would be putting in my 2 weeks." I did leave the hotel room and called myself a cab to the Kentucky airport, but I couldn't buy a plane ticket home until 4 a.m. My mom had to come from IL to Kentucky international airport. I'm looking for some kind of help on this, I can't afford to lose my job, and I don't want to work for a guy who harasses his staff, and doesn't care for their well being.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

In employment law, there isn't a lot that you can do in terms of protecting your job, based on an employer's decision to assault you. You can certainly sue him for assault, but that doesn't protect your job.

If the employer here chooses to try and say that you quit, you can also fight that and obtain unemployment. The fact that you left the room after being assaulted is NOT going to be considered a resignation by any state. So, if he removes you from the job, you can file for unemployment.

But nothing about these facts creates any sort of wrongful termination claim. That is restricted to two very narrow situations. 1. If you have a contract of employment stating that you can only be terminated for cause, you can sue for breach of that contract. 2. If you are terminated here and can allege that it is based on your race, religion, gender, age, disability or recent medical leave usage.

Without a contract, your employment is "at will" and you can legally be terminated at any time, with or without cause.

So, the facts you've presented here only really give you protection from losing unemployment (by his alleging that you quit) and a potential personal injury lawsuit (in small claims) for assault.

Customer: replied 1 year ago.
He said I still have the job, and I'm going back tomorrow morning, but I'm looking for some legal advice on how I should approach the situation/talk about this last Friday. Ive worked for him 7 years now and for 6 years we had a 16 day pay schedule and I was getting overtime at 88 hours. I have pay stubs that prove it. I'm just being mistreated at this work place. I'm trying to find a lawyer to help my get my overtime that was due, and if it's worth pressing charges over.
Expert:  Allen M., Esq. replied 1 year ago.

Unfortunately, as I previously noted, there is nothing you can do from an employment law perspective based on his putting his hands on you. If you press charges, he can fire you. If you sue him, he can fire you.

But all that said, unless you were physically damaged to the point that you required medical attention, it's not worth it to sue anyway. The police won't press charges either. They'll take your report which will promptly be ignored by a prosecutor, as they have too much to do.

Regrettably, unless you are being mistreated based on race, religion, gender, age, disability or recent FMLA use, there simply is not anything in employment that can be done. Your options are to bear it or find other work.