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I went to EEOC and they said my employer was guilty of

I went to EEOC...

I went to EEOC and they said my employer was guilty of assault, such as snapping his fingers in my face, closing me in a back room of the business, leaving me incoherent in my car when I was sick. Is this assault

Lawyer's Assistant: Has your employer discussed this with a manager or HR? Or with a lawyer?

No.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will salaried

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was let go for complaining to the owner. It is a business of approx 15 people

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Answered in 10 minutes by:
11/5/2017
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,143
Experience: Retired
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Hello,

Civil (not criminal) assault is defined as "the intentional creation of the apprehension of an imminent harmful or offensive touching without consent or privilege."

This legal language is difficult for laypersons, but what it boils down to is that the defendant-employer must intend to make the plaintiff-employee believe that he or she is about to be physically injured or touched in some highly offensive manner.

Snapping fingers in front of your face is not civil assault, based upon the above-stated definition.

Closing you in a back room, if you are prevented from leaving the room would be "false imprisonment," which is a different civil wrong (intentionally restraining a person's freedom of movement without consent or privilege).

Leaving you incoherent in your vehicle when you were sick is neither assault nor false imprisonment. It may be negligence if you suffered a physical injury and the employer initially attempted to assist you with your illness, but then stopped assisting and left you to fend for yourself.

The law of negligence holds that a person has no duty to assist another, unless they commence assistance, and then, they owe a duty to complete the assistance to the best of their ability.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,143
Experience: Retired
Verified
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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).

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