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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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City of Polo patrolman punched in the eye off duty. I chose

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City of Polo patrolman punched in the eye off duty. I chose not to defend myself, or pursue charges and I'm now suspended with pay. What's my options here.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: Not with the States Attorney far as I know
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only thing is I was caught kissing another man's wife but off duty which is why I was punched. I'm also married having problems at home for about 1 year. There's no conduct policy as far as off duty is concerned. I think its also wrong the Alderman that brought this to the attention of the city board is the best friend of the suspect that punched me. So huge conflict of interest here.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Do you have any sort of clause in your contract that only allows for termination with cause or requires them to follow certain steps before suspending you?

Also, how long has it been since this happened?

Customer: replied 1 year ago.
I'm not sure and don't have an employee handbook available. I should also mention we're not union either. This incident transpired over the weekend.

Thank you.

It's not too late to press charges, if you want to do so. You could also file a civil action against the patrolman for assault. Even if you were kissing his wife, that doesn't give him a legal right to punch you.

Putting that aside, without a union agreement or other contract, employment is at will. Your employer is unfortunately allowed to suspend or terminate you at any time, for any reason. There is nothing in the law that prevents an employer from taking negative action against someone for their behavior outside of work. And when two employees fight, they're allowed to take action against either, neither, or both of them. Unless there's something in your handbook or employment agreement that says otherwise, I'm afraid there's no cause of action against your employer.

You could still sue the patrolman, though.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
Only one problem I'm the city employee and Patrolman

Sorry, I thought you said the other guy was also a patrolman. That doesn't change the answer. The cause of action here is against the guy who hit you.

Customer: replied 1 year ago.
does this mean outside Agency will have to handle the charges of Aggravated Battery to a Police Officer? Since the guy had knowledge of me being a police officer?

The prosecutor has discretion to choose what to charge, but you can mention that the other party knew you were an officer when he hit you. That way, they have all the information before making a decision.

Customer: replied 1 year ago.
Ok thank you

You're welcome. Good luck.

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