Assault & Battery Assaulted at Work After Being Terminated: What Are My Best Legal Options

[mrman1984]

This is a long story but to start it off here is some background information.

I was terminated at my job after I was accused of harassment by a co-worker.

As I was being terminated they said they would clear out my desk and I had to leave.

I said no and went to clear my desk out and then security was called. I was not making any scene or yelling just cleared my desk out and went directly to the HR dept and asked to see some documentation of the investigation that occurred or paperwork regarding my dismissal.

They said they didn't have to give me anything and I had to come back and speak with someone if I wanted anymore information and they would call the police if I didn't leave.

I asked for someones name and they gave me the card of the HR director.

During this discussion the DIrector of Sales had come into the room and was berating me telling me I had to leave now. Didn't I understand what was going on was there something wrong with me, etc.

She then came behind me and physically tried to push me out of the door way.

I immediately said do not touch me I have done nothing wrong why are you pushing me.

The card was handed to me and I walked out of the building.

Because I carpool to work I was not able to immediately file a police report but I contacted them and they said regarding the issue I would have to come to the station to file a report since it was for assault.

As I told the police it wasn't a case of me being physically hurt, but just the fact that I was physically accosted and berated as I had already lost my job in front of a group of people that made the situation much worse and humiliating.

My question is what are my legal options regarding a lawsuit against the company and the Director for both wrongful termination and the assault?

Should I record a conversation of the person who accused me (not with me but another person) where they admit that they lied and made accusations only to be vindictive because I could but don't want that to make the situation worse. I know I can have many people who currently work there vouch for my character both male and female if that would help. And can they legally not let me see the results of the investigation that resulted in my termination?

And what are the next steps I should take after filing the police report in regards to the assault case?

All help is greatly appreciated!

 

[Proserpina]

Why do you believe this was a wrongful termination?

Why didn't you leave the premises immediately when you were told to leave?

 

[CdwJava]

Since you have already made your report to the police, that matter is now out of your hands. You can call to ask what is happening, but that is about the extent of your involvement at this point.

You might consider consulting an attorney to help determine your rights with regards to seeking documentation for the termination and whether they have to support the termination with cause or you have rights to some sore of mediation. If your position involves a contract, that contract should indicate the procedures that must be adhered to. Also, if you have union membership you can speak with them about assistance.

Unfortunately, they may not need much to legally terminate you. This is why you might want to consult an attorney.

 

[cbg]

Unless the poster has a legally binding and enforceable contract that says otherwise, AZ law does not require that he be given any documentation of the termination, the reasons behind it, or supporting their decision. They can simply say, Don't let the door hit you on the way out, and that's it.

 

[mightymoose]

As you describe it it seems that a battery was committed against you, however under the circumstances I think it is highly unlikely that the District Attorney would proceed with prosecution. The police are likely already done with their investigation.
From what you say here it seems your best option may be to simply let it go. I realize you are angry about how things happened, but the argument is weak and not likely to go any further than it already has.