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Ask California Lawyer Your Own Question
California Lawyer
California Lawyer, Labor Attorney
Category: Employment Law
Satisfied Customers: 1023
Experience:  Licensed to practice law in California
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I work in Los Angeles, California for a at will employer as

Customer Question

I work in Los Angeles, California for a at will employer as a truck driver. On 7/31/16 around 2am I had completed a strenuous leg workout leaving my legs a little shakey at my companies private gym while off duty at my place of employment. While walking through parking lot going to office to get ready to clock in for work. I encountered 2 employees talking. One of the employees noticed me walking up was blocking the very narrow pathway. As I got closer to this employee who was on a 15 minute break I missed step on the edge of the cement sidewalk and the grass causing me to slightly lunge forward. As I lunged my right shoulder lightly connected with the employees right shoulder who was facing me and blocking the pathway. The employee flopped/jumping backwards saying you trying to walk through me because you're bigger than me. I responded my bad and proceeded into the office to clock in for work. Before I could clock in the employee came inside office yelling you trying to knock me down. I didn't respond to this allegation. Then the employee came to where I had sat down to wait to clock in and began arguing with me saying just because you're bigger than me I don't scare him. I informed him it was a accident and I didn't understand why he just didn't move to the side as he seen me walking up knowing that this was the only path to the door to get into office. Now I could have walked 15 yards out of the way to go through door but that didn't happen. So the argument concluded until I clocked in for work when we stopped. On 8/4/16 after being off 2 days 8/1 - 8/2 the employee decided to report the incident to management saying I purposely assaulted him and tried knocking him down. Management has not confronted me yet. The other employee that was there said he didn't see anything. Is there away I need to handle this accident without being terminated? While I was walking my head was down due to slight dizziness because of my workout.
Submitted: 11 months ago.
Category: Employment Law
Expert:  California Lawyer replied 11 months ago.


At this point, since nothing has happened, I would just wait it out. Frankly the story you tell is not very convincing, but the behavior of the other employee in following you and confronting you may save you.

Until something happens, I would just sit tight. Be as friendly as possible and do not discuss the incident.

I hope this help.


Customer: replied 11 months ago.
I know it sounds thought out and non convincing but it's the truth. Perhaps theirs no need to go into specifics of what I did prior to contact. Thank you and I will wait and see what happens.
Expert:  California Lawyer replied 11 months ago.

I think that's the best course. Hollar back if you need us.

Best of luck to you.


Customer: replied 11 months ago.
I forgot to mention in my earlier comment that when the other employee approached me he also said I was lucky and he proceeded to use his hand in a cutting motion at his neck. This all took place while he was on the clock and I was off the clock. Management understood my bumping into employee was a subconscious accident but felt write up was warranted.I was given a discipline written warning for employee misconduct and unprofessionalism at workplace. I do not know what happened with other employee. Management stated appropriate discipline was served when I asked about employee threat.
Expert:  California Lawyer replied 11 months ago.


I still think that what has happened is probably the best outcome. I am not sure given these facts there is more you can achieve.

I hope this helps.