what kind of lawyer can help if you hit your boss at work

Can a lawyer take legal action against an employer?

Jun 28, 2021 · Workplace violence usually involves assaultive behavior. Injuries from a violent assault can range from scrapes and bruises to broken bones, serious head injuries, and even death. Sexual assault may also occur at the workplace. Employees injured from an assault at work are entitled to workers’ compensation coverage.

How to deal with an employer violating the law?

Discipline. One of the most complicated issues arising from an attack at work is whether any sort of discipline will flow from the incident. Unfortunately, all too often, the person who has been attacked is disciplined right along with the attacker. This is particularly true if the attacker is a customer or client, in which case the employer ...

Is your boss above the law?

Of course, the fact that your boss's behavior might be legal doesn't mean it's appropriate. You might want to consider talking to your HR representative or a higher-level manager about your boss's conduct. If some of your coworkers are willing to join you in complaining, so much the better. The company may not know how oppressive your worksite ...

What should I do if a co-worker is violating the law?

May 08, 2011 · There are aspects to this that might merit a claim against your boss, but it depends a lot on what the laws in your state regarding suit against your employer are. You need To speak to an attorney that is familiar with personal injury and workers compensation. Report Abuse Ask a Lawyer

What happens if you hit someone at work?

In “right to work” states, employees can be terminated for any reason or no reason at all. As a result, many employers will let go of workers involved in a fight, whether they were they threw the first punch or not. Even if termination is not the concern, other forms of discipline can also be problematic.

How do you handle assault in the workplace?

The supervisor should follow these procedures:Call for assistance in assessing/responding, if needed.Avoid an audience when dealing with the employee.Remain calm, speaking slowly, softly, and clearly.Ask the employee to sit down; see if s/he is able to follow directions.More items...

What should you do if you are a victim of workplace violence?

If you have been threatened at your workplace, or have been the victim of physical violence at work, report it immediately to your supervisor and detail the incident in writing. If your supervisor or employer does not act, or the threat of further violence is serious, report it to the local police.

Can you sue for lateral violence in the workplace?

Can You Sue for Workplace Violence? Yes, you can sue for workplace violence in certain circumstances. If you are a victim of workplace violence who cannot receive workers' compensation, you can file a civil lawsuit against your employer for negligence.

Can I claim compensation for being assaulted at work?

If you have been assaulted at work in an incident that could have been avoided if your employer had put proper control measures in place to protect you, then your employer has acted negligently. Therefore you could be legally entitled to compensation for assault at work.Feb 18, 2022

Can you get fired for arguing with a coworker?

What this means for employees who get into verbal fights with co-workers is that the employer -- in almost all cases -- can indeed fire co-workers for verbal fighting.

What is the average settlement amount for a hostile workplace?

What Exactly Is the Average Settlement Amount for Harassment Lawsuits? On average, harassment lawsuits can settle for around $50,000. Remember, every harassment case is different. Yours could end up with a lot more depending on how severe your case is and how extensive your damages are.

How do I prove a hostile work environment?

To meet the requirements of a hostile work environment, the behavior must be:Pervasive, severe, and persistent.Disruptive to the victim's work.Something the employer knew about and did not address adequately enough to make stop.Apr 9, 2020

Is a company liable for workplace violence?

Employers are not strictly liable for workplace violence under the OSH Act (see Secretary of Labor v. Megawest Financial, Inc., 1995 WL 383233 (June 19, 1995)) and OSHA has not issued any formal standards on workplace violence.

Can you sue for toxic work environment?

Yes, you can sue your employer for emotional distress caused by workplace harassment, discrimination, or a toxic work environment. What is emotional distress? Emotional distress is mental anguish caused by offensive, threatening, or demeaning behavior at work.

Can I sue for emotional distress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

Can you sue for emotional abuse in the workplace?

If you suffered emotional distress as a result of job stress or because your employer or coworkers acted negligently or intentionally, you may be able to sue them to seek compensation for your damages.Feb 5, 2021

What to do if you are attacked at work?

What to Do if Attacked at Work. Whenever an attack occurs, the first thing to do is call the police. Even if the attacker has left the scene, creating an accurate police report can go a long way to establishing your rights in both criminal and civil cases.

What is the most complicated issue arising from an attack at work?

Discipline. One of the most complicated issues arising from an attack at work is whether any sort of discipline will flow from the incident. Unfortunately, all too often, the person who has been attacked is disciplined right along with the attacker.

Is violence a problem in the workplace?

Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.

Is being a jerk against the law?

However, a boss who yells at everyone -- what you might call an "equal opportunity harasser" -- is not discriminating against a particular group. Being a jerk isn't against the law. Inappropriate workplace behavior crosses the line into harassment only if it is based on a protected trait.

Can an employer violate wage and hour laws?

Depending on your state, however, your employer may be violating wage and hours laws. In several states, employees are entitled to meal periods or rest breaks once they have worked a certain number of hours. To learn more, select your state on our wage and hour page. Talk to a Lawyer.

What are some examples of behavior that does not meet the “outrageous” standard?

An example of behavior that did not meet the “outrageous” standard was an employer who circulated an old mug shot of an employee around the office to embarrass the employee . Many unpleasant emotions, such as shame, fright, and embarrassment, qualify as emotional distress.

Is it stressful to work?

Work can be stressful enough without your having to deal with the outrageous behavior of a co-worker. Despite repeated requests for help, your manager is not taking your complaints seriously. And now you’re having trouble sleeping, you feel anxious and are becoming depressed when you think about work. You start to wonder if you can sue your ...

Can an employer sue an employee for emotional distress?

Suing an Employer for the Acts of its Employees. An employer can be held legally responsible for an employee’s actions when the conduct that caused the emotional distress is within the scope of the employee’s job, or the employer consented to the conduct. As an example, scope of employment claims can occur when a store security staff wrongfully ...

Can an employer be held responsible for IIED?

For example, an employer can be held responsible for IIED after failing to respond to numerous complaints, over a period of months, that alleged sexual harassment by a manager.

Why is it illegal to talk about your employer on social media?

That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.

Why is it bad to prohibit salary discussions?

That's because there is no way for employees to gauge wage equality with co-workers if they can't discuss their compensation.

What is the obligation of an employer to ensure its workplace is a safe environment?

An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner. Some states also require companies to provide sexual harassment training to workers or supervisors.

Do all workplace laws apply to every business?

Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.

Can you work off the clock for Nonexempt?

Nonexempt employees who are covered by the Fair Labor Standards Act can't be asked to do work off the clock. For instance, workers can't be required to do prep work or clean up outside their paid shifts.

Is employee compensation a matter?

Employee compensation is no simple matter. "There is a massive body of law that governs how people are paid," explains Brian Weinthal, partner with the law firm Burke, Warren, Mackay & Serritella P.C. in Chicago.

Is no one above the law?

More. No one is above the law, including your boss. The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices.