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Boss grabbed my arm

Discussion in 'Employment, Labor, Work Issues' started by Tom Puklavec, Feb 6, 2019.

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  1. Tom Puklavec

    Tom Puklavec Law Topic Starter New Member

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    During a heated discussion in which my supervisor was accusing me of damaging employer property in May '18 he grabbed my arm, squeezed & attempted to move me. His actions were unwanted and unnecessary. I filed a formal complaint with my employer and an investigation was conducted. The eye witness who was no more than 4 ft from the incident was accused of the damage I initially was accused of and threatened with suspension. That disciplinary action was eventually dropped by my employer. I made several requests to see the investigating attorneys findings and have only been told that "The investigation has been conducted and appropriate action was taken". My boss is still currently employed.
    Since the time of my being what I consider assaulted I have suffered considerable stress and anxiety. I have no past criminal history yet was arrested in August for a domestic dispute with my wife which was a direct result of my having to report to work for this man day after day. I am currently in court ordered therapy and was also ordered to take anger management classes. This is not the man I am.
    All of this because I am forced to work in an environment where I constantly feel uncomfortable in order to provide for my family.

    Please help.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    You could have called the police at the time of the incident to report the assault. You chose not to do that and given that this happened last May, if you report it now I suspect the police won't take nearly as seriously because their thought would be that if the alleged assault really happened and distressed you then you would have promptly reported it and not waited about 8 months to do it. Still, you are free to make the report now if you wanted.

    If you suffered any harm from the assault you may be able to make a worker's comp claim for it. Generally speaking, injuries you suffer at work have to be dealt with as a worker's comp incident which would preclude you from suing the employer for it. You still might have a suit against your supervisor personally for it, though. Without medical bills for a personal injury, though, you may not have provable damages here. You are in therapy, but the direct cause of that was the domestic violence incident; tying that to the boss grabbing your arm might be difficult. But you may see a civil litigation attorney in your state to review your options if you are interested in pursuing some kind of legal action. Many attorneys offer free initial consultations.

    As for the ongoing stress you are feeling as a result of this apparent one time incident, well, that's largely on you. If you can't get past that then perhaps you need to look for a job elsewhere so you don't have to deal with this supervisor.
     
    army judge and hrforme like this.
  3. zddoodah

    zddoodah Well-Known Member

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    You didn't tell us what this "domestic dispute" involved, but blaming it on having to work with your boss is rather ridiculous.

    It is unclear what sort of "help" you are seeking or think anonymous strangers on the internet can provide. You described one incident in which your boss (arguably) behaved inappropriately but didn't do anything that your employer considered worthy of adverse action and which you apparently didn't think was serious enough to report to the police. Your post suggests nothing for which you could seek legal redress, so if you don't like your job, seek a new one.
     
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  4. Tom Puklavec

    Tom Puklavec Law Topic Starter New Member

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    Wait a minute...
    If you are not an attorney, please keep your remarks to yourself. I place no value on the opinions of those who consider themselves "in the know" but have nothing better to do than pretend to know what they're talking on the internet all day. Get a job. Get a life. I am using this as a way to decide if my situation has merit and wether or not to consult with an attorney. Thank you.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Not sure to whom you're directing this, but both I and the other person who responded are attorneys.
     
  6. mightymoose

    mightymoose Moderator

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    Your situation does not sound like one any attorney is going to be able to help you with, but they will gladly take your money if it makes you feel better.
    You do not describe any injury and likely can not prove one.
    You likely are not permitted to view files regarding discipline of others. All you need to know is that the complaint was received and handled.
    Your best option after all this time is likely to key it go.
     
  7. hrforme

    hrforme Active Member

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    I am not an attorney, but have 20+ yrs in HR and investigations and no I don't think you have a case and will agree with the 2 attorneys that did respond. Unless somehow you can prove ongoing bad behavior by your supervisor a one-time incident isn't going to be enough of a pattern. Generally under employment law, the employer just has to get the bad behavior to stop....they don't have to terminate him nor do they have to legally show you any documents from the investigation that they did.

    And linking it to your own personal events/choices over time, not going to happen. You were free at any time to seek counseling, file a workers compensation claim or call the police. Please keep going to court ordered therapy and anger management classes since you also lashed out at two people (and probably now three with me) who have given you good solid advice that you are ungrateful and are showing YOUR issues, not theirs.
     
  8. army judge

    army judge Super Moderator

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    Hmm, I'll keep reading.


    Oh my, bully for you, mate.

    You likely need a court order requiring your employer to display what is under the kimono. That isn't as easy as it might appear.




    You HAD no criminal history UNTIL that horrific day you battered, abused, accosted, and bullied your spouse.

    I hope you're seeking psychiatric help for your anger and violence issues.

    Many people go years abusing others, dishing out violence to innocent people WITHOUT being arrested.

    Life catches up to us all, if you want to live in the "fast" lane, mate.

    Silly old me, I like to take things slow.

    It must be the country boy in me.


    I can and will help you, mate.

    Are you sitting down?

    If you aren't please take a seat.

    Thanks for sitting, mate, it is for your protection.

    All you have to do to change your circumstances is change your employment.

    Our great nation added 304K NEW jobs last month.

    It'll probably be 325K this month.

    Here it comes, thanks for waiting.

    All you have to do is touch up that resume, start applying for new employment, and soon you'll be making MORE money, with a great NEW job.

    Good luck, mate.

    When you land that job earning $250K a year, bonus, stock options, etc; please return and let us know YOU DID IT!
     
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  9. Tom Puklavec

    Tom Puklavec Law Topic Starter New Member

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    High school with one semester of college. Unlikely.
     
  10. Tax Counsel

    Tax Counsel Well-Known Member

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    I'm guessing you assumed we weren't lawyers because you simply didn't like the answers we gave. Well, as it turns out both zddoodah and I are lawyers, both in practice a good many years. What we told you is the way things are. I'm sure that wasn't what you wanted to hear. But we aren't here to tell you what you want to hear. That doesn't do you any good. I have to tell clients all the time things they don't want to hear. The fact is that the law is not warm and fuzzy, it is not always even fair, and those that have been wronged do not always have recourse for those wrongs.

    You have likely been in the work world long enough to know that some employers and supervisors suck. Nothing in the law requires that employers be nice, that they run their businesses in a smart manner, or even that they be fair. Like it or not, in a lot of cases your only recourse for a bad job situation is to get a job some place else that hopefully will treat you better.
     
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  11. army judge

    army judge Super Moderator

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    I see what you did there, mate. Wink wink wink.

    You're a very modest overachiever.

    That new position awaits, seek and you shall find.
     
  12. flyingron

    flyingron Active Member

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    But one can expect NOT to get assaulted by employers. I certainly wish I had reported one such assault. It turned out the bully manager had other complaints against him. I didn't do myself or my fellow employees any favors by keeping my mouth shut at the time.
     
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  13. Tom Puklavec

    Tom Puklavec Law Topic Starter New Member

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    High school with one semester of college. Unlikely.
    High school with one semester of college. Unlikely.

    My lack of education?
     
  14. Tom Puklavec

    Tom Puklavec Law Topic Starter New Member

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    Now I feel as though I'm being accused of illiteracy...

    My department head puts his hands on me.
    I'm arrested for my understandable (however Ill advised) verbal battering of my spouse.
    Now I'm being criticized for my lack of education.

    This site is rough...
     
  15. Tom Puklavec

    Tom Puklavec Law Topic Starter New Member

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  16. army judge

    army judge Super Moderator

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    Regrettably no one here has been able to properly assist you.

    I wish you well, but I'm closing this thread to prevent any further issues.

    My wish for you is to fare well, mate.
     

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