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A superior in my work place jumped out of their chair and grabbed me with both arms and spun me around while be handed something

Pomona, NY |

From another employee. Is this a reason for them to be terminated or me to have a law suit.

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Attorney answers 12

Posted

Additional facts are necessary to provide you with a better opinion, but it sounds as though you may have been assaulted, even if you weren't injured, which is a tort and grounds for a lawsuit. Unless you suffered injuries it is unlikely you would recover a significant amount. As to whether it is grounds for them to be terminated, more facts are necessary but you may wish to make a complaint with your company's HR department - which would be the first step in having them terminated.

This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.

Asker

Posted

It's was basically in the middle of an argument between me and them another employee was handing me an email printed out which had false accusations made this superior which she did not want me to have so she lunged out of the chair grabbed my arm with both hands tightly using enough force to turn me and pull me back towards her direction then pulled the letter from his hand and ripped it up in front of me then threw it out.

Daniel DeMaria

Daniel DeMaria

Posted

In that case, it sounds like you may have a valid claim for harassment and I would contact an employment lawyer. Many, including myself, offer free consultations.

Michael J Palumbo

Michael J Palumbo

Posted

Call the police and have him charged with assault or other crimes.

Daniel DeMaria

Daniel DeMaria

Posted

My colleague makes an excellent point. You may wish to call the police.

Asker

Posted

I called the police when it happenedand made a report. After word I was suspended from work for two days in retaliation for calling the police their claiming it was insubordination. I'm not trying to sue for personal injury, I just think this person should loose there job and my suspension lifted. If this was the other way around I would have been fired and arrested.

Posted

While odd, this does not sound like much of a case without knowing more about the touching. You may want to repost this in an employment law section. If it warrants it you mayalso want to speak with your HR Department.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

Posted

I agree that there isn't much to go on here. If you are saying that you were injured, then most likely it is a workers compensation matter. If you are saying you were assaulted, then you need to report the incident to you superiors.

Posted

Appears to be a rather minor touching. While of course not legally permitted there doesn't seem to be any significant injuries that could result in a realistic claim for tort damages. You should definitely report this incident to HR. If there is an retaliation because of your report you need to seek the immdediate advise of a labor law attorney

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

Report the incident to your supervisor and/or HR and if your injuries aren't significant than you shouldn't pursue an injury claim.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

I don't like what happened to you.
report to HR.
Maybe police.
get free consultation with employment lawyer.
Might not have serious physical injuries but might be a mental/ emotion component.
And there might be punitive damages.
If you are pissed off about it, maybe start with talk to employment lawyer.

Posted

Report it to HR, and move on with your life.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

This kind of contact is never appropriate in the work place. I agree with the prior opinions that we need additional facts and background to determine if you have a case.

Posted

Not enough details regarding the extent of your injuries if any.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

One incident of offensive touching is unlikely to give you a claim. So report it to HR>

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Posted

It is difficult to understand the context of what you are describing. If you feel the touching was inappropriate, you should speak with someone in the Human Resources Department where you work or speak to this person's supervisor. Without real damages, a lawsuit is not warranted.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

More details about what happened are necessary to evaluate the potential for any claim. You should report the incident to human resources or whoever handles those complaints for your employer.

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