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I work for a fast food restaurant in nc.i was being harassed…

Customer Question
I work for a...

I work for a fast food restaurant in nc.i was being harassed by a homeless person and he kept touching me.i asked management on several occasions to have him removed.they refused.i had to go and file charges myself and I go to court apr 24.can I file a lawsuit against the co.?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Carolina.

Lawyer's Assistant: What steps have you taken so far?

I req he be removed on several occasions and by different managers.nothing was done.i filed a complaint at the police dept.thenfiled charges at the magistrates office.

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

I'm 66 years old and most of the time I am the only employee in the dining room.they told me if he spent money there they cold not force him to leave.he has also been soliciting drugs to the young girls that work there and taking pictures of us with cell phone.

Submitted: 4 months ago.Category: Legal
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4/3/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. Generally, employers are required to keep the workplace reasonably safe. The failure to do so could be a violation of OSHA standards. In addition, if a person touches you without your consent in a way that is harmful or offensive, then it is battery.

A battery is when someone engages in an harmful or offensive touching. The plaintiff doesn’t have to suffer pain as a result of the battery. The defendant just has to have touched them in some harmful or offensive way. This could include everything from a punch in the stomach to sexual groping. The damages that are available here are typically whatever would be necessary to compensate the plaintiff. For example, medical bills, pain and suffering, therapy bills, etc. are compensable.

In your case, you would have a cause of action directly against the person that touched you. In addition, you could also sue the store for negligence if they have failed to keep you safe and file an OSHA complaint by clicking here.

I'm very sorry to hear about your situation.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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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.

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