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Employee's rights against possible employer harassment for grabbing hold of employee's arm and yelling at employee

Can an employer grab a hold of an employees arm? (Employee is a minor and was grabbed by the arm and taken into the back end of the building to be yelled at) Is there anything legal that I can do?

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Attorney answers (2)

Reputation Level 11
I am an employment attorney and I disagree with Mr. Cotton. (No disrespect, after all there could be no lawsuits at all if attorneys did not disagree). You should consult with an attorney and the minor's school.

The answer will depend on all the facts and circumstances. My first thought is that physical force is inappropriate in most circumstances. If the employer and employee are following the law, the employer filed a work permit with the school. One course of action would be to inform the school of the problem and see if they can intervene or mediate.

A more aggressive approach would be look for a legal cause of action. Unwelcome physical contact is a tort and can be actionable. Depending on the harm, there could be a worker's compensation claim. Another thought would be that this is tortious interference with the minor's employment contract. If the employer chose physical force because of the minor's sex, race, disability, there could be a discrimination complaint.

If the minor quit and depending on why the employer felt a need for discipline, the minor could have an unemployment claim.

If you cannot afford an attorney, you may be able to find an attorney who give you a reduced fee ($20) initial consult using the Wisconsin Bar Lawyer Referral and Information Service at www.legalexplorer.com/lawyer/lawyer.asp
2 people marked this answer as good

Reputation Level 12
I'm not an employment lawyer but I highly doubt there's anything illegal about grabbing an employee's arm.
3 people marked this answer as good

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