If I got assaulted by my manager, do I have a case? 6 Answers as of July 02, 2013Friday June 21, a manager pulled me in the office to terminate me. Well I spoke my concerns and she got angry and try to choke me. No one stopped it so I pushed her to get her off me. They then had to lock her behind another door because she wanted to continue to fight. I then called the police and now I'm pressing charges.
James Carnes | James Carnes
It would depend on how the fracas began, and, what damages you suffered, for example: (1) Were you injured? (2) Were you terminated as a result of the scuffle only? It seems that you have filed criminal charges for the assualt. Whether you would be entitled to civil (money) damages or your job, is another matter in which your facts do not lend an answer.
Answer Applies to: Louisiana
S. Joseph Schramm | Joseph Schramm
It appears that you have a case for assault on both the civil and criminal side of the court. When something like this happens people usually continue to press the criminal charges and simultaneously retain an attorney to file a civil assault and battery case. They then wait to see what happens in the criminal action, because determination of criminal liability ( i . e . guilt) is weighed by a higher standard of proof (beyond a reasonable doubt). Liability in a civil action is determined by a standard that employs a "more likely than not" standard that is easier to meet. Therefore, if a person is found guilty or pleads guilty to the criminal charges, they will be found to be liable in the civil action for battery (unlawful or harmful touching of another) and all one has to determine is how big the damages are going to be. You might also speak with counsel to see if the manager's employer was aware of the manager's conduct or tendency toward violent behavior. If so, they may also be liable in negligence for their failure to exercise proper supervision and control of the manager.
Answer Applies to: Pennsylvania
KEYL ADR Services, LLC | Mark D. Keyl
You filed a criminal complaint against her. If you are asking about a civil case, then if you were injured, you may have a case against the Manager and the Company for damages. This won't affect you being terminated, unless you appeal to a higher company officer.
Answer Applies to: Mississippi