I took a brief break from making food on the kitchen line and when the owner noticed this, he came from behind me, slapped me on my arm, and said something in my ear which I believe was along the lines of "let's get to work" and then walked away. I told the manager on-duty and he said he would file an incident report and follow up with the general manager of the restaurant. I sustained no injuries but definitely feel very uncomfortable working there. I have called off work today because of this, but I have to work to pay my bills. What else do I do? I'm completely unsure of what can or should happen next.
He should not have slapped your arm He can certianly tell you to get back to work. If the break was not an authorized one he could have fired you in the spot.
There is a best a minor cause of action but no damages so it is not winnable or worthwhile.
You best remedy is to find another job, there a plenty out there.
To the PROSPECTIVE client, my PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. It is based on such limited information that it is a general answer, and should not be relied upon as a reason for your action or inaction. My response does NOT establish an attorney-client relationship, that may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services. Providing counsel and representation is what we do for a living and, just like you, we must get paid for our work.
While this is not a good motivational tactic, I agree with Mr. Brennan, that you have little or no damages. If you do not want the job, then you should look elsewhere. If you need the work, I would hang on until you find something else. If this happens again, you should make it known that you find that unacceptable.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you find our answer helpful!
I only partially agree with Messrs. Brennan and Frederick.
I believe that you should talk to a plaintiff's lawyer who does employment law. That lawyer will be the best one to advise you whether this is a case that could be tried to a successful conclusion from your point of view.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline