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4 Bumps

Physical assault in the work place

So after a disagreement with a fellow employee the night before at work the next day this girl came to work, off the clock, came in the work area and "shoulder checked" me. Meaning as we went to pass each other she went out of her way to push me using her shoulder. Making it very obvious her intentions were to knock me over. She does not deny that she did it.
Anyways my employers seem to think this is no big deal and if nothing is done about it I intend to quit. Do I have some rights here I mean does an employer have to provide me with a work place where I do not feel threatened? I think she should be fired but they seem to think they can not do that.

Answer Question

Asked by KiaiMomma at 6:37 AM on Jun. 27, 2010 in Money & Work

Level 2 (5 Credits)
Answers (12)
  • what she did is considered assualt. why not have her arrested?

    Answer by sati769leigh at 6:45 AM on Jun. 27, 2010

  • Yes, you have rights. Look for your company handbook and find the policies on Workplace Violence. Usually any kind of a threat is determined unacceptable and is dealt with by managers and human resources. Have you reported the incident to your superiors? Don't just assume they know about it. Make a real report, and put it on record. You are also protected from retaliatory attacks after you report the individual.

    Answer by beckcorc at 6:51 AM on Jun. 27, 2010

  • Unfortunately this is a family owned restaurant there are no handbooks. I told my manager directly after this happen they said all they can do it write her up. Although FL is an at will state I thought they could fire her for any reason within the first 90 days which it is within. They have vested interests in keeping her as a worker because her parents facilitate the car shows we have once a month. Now I feel like it is to late to do anything about it from a legal stand point can I still file a report just so it is on record?

    Comment by KiaiMomma (original poster) at 6:59 AM on Jun. 27, 2010

  • if this only just recently happened, and you are saying it did. i would go to the police station and file a report. including that you are "afraid" of her adn the threatening behaviour. let the police relieve you of the issue. ya know? stand up for yourself and let her know OUTRIGHT you are not going to be threatened or bullied. and you WILL protect yourself with the law if she is behaves this way. she will run with her tail tween her legs.

    Answer by sati769leigh at 7:04 AM on Jun. 27, 2010

  • Don't quit, because then it releases them from any liability from unsafe workplace. In your report you have to state that you fear for your safety. Since it's a family own business, going up the change of command will not work, so therefore you need to go to the labor board. I wish you the best of luck.


    Answer by soonmommyof3 at 7:09 AM on Jun. 27, 2010

  • Also you need to make sure you watch your butt. Meaning don't give them any kind of reason for them to fire you... even if it's an at will state. Show up on time, don't call in and go above and beyond the call of duty.


    Answer by soonmommyof3 at 7:11 AM on Jun. 27, 2010

  • rkoloms

    Answer by rkoloms at 7:12 AM on Jun. 27, 2010

  • yup definitely get it recorded that they basically refused to do anything about this as well.

    Answer by sati769leigh at 7:15 AM on Jun. 27, 2010

  • My question is--since the other girl was 'off the clock' is it the responsiblity of the owners to do anything as she was not working at the time?

    I would go to the police and let them know that this girl is threatening you.

    Keep in mind, and this is sad, but true-if they have an interest in keeping this girl. If things get ugly--you might be the one they get rid of, not the other way around.

    Answer by layh41407 at 7:57 AM on Jun. 27, 2010

  • OP--I recommend taking a look at this's on Hostile Work Environments, and tells you what constitutes such an environment, and what you can do about it!


    Answer by LoriKeet at 8:11 AM on Jun. 27, 2010

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