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Employment/labor laws in IN state, can I sue employer for grabbing and shaking me
Greenwood, IN
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Posted about 1 year ago in Employment / Labor
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fired from my job:
When I was fired my ex-boss put his hands on me and shook me. He also screamed and cussed at me. Do I have any rights?
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Answers (2)Elbert L Maxwell II
This attorney is licensed in Dist. of Columbia.
Posted about 1 year ago.
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Please stop reading this immediately, pick up the phone and report this person to the police. Be sure that they take a police report and then you contact an attorney to sue him for assault and battery. This is not an employment law case unless you get fired. It is purely a criminal case.
Kenneth Allyn Sprang
This attorney is licensed in Dist. of Columbia and 3 other states.
Posted about 1 year ago.
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There are multiple issues here. First, the fact that your boss put his hands on you and shook you likely constitutes a "battery," meaning an unwanted touching. You could, if you chose, sue for damages, though you might not recover much so long as you were not injured. In addition, there may be a criminal violation for the battery under your state law.
As to the employment issue, there is still a question of whether you have been injured in a way that can be compensated. There might be a claim for intentional infliction of emotional distress. Depending on the totality of the circumstances, there might be a claim for harassment. However, if this is an isolated incident and not a pattern, your recovery is probably ethereal. That is, you might have the right to sue and assert a legitimate claim, but your recovery would be modest and it would cost you more to litigate than you could ever recover. Claims for battery and intentional infliction of emotional distress are governed by state law. Claims for harassment are governed by federal law if the harassment is tied to race, gender, color, national origin, or religion. State law may also be applicable. |