horseplay vs. workplace violence

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sam84pearce

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approx 4 weeks ago, "x" started a little horseplay while at work. at first it was just verbal, and i just brushed it off, but then turned into physical contact/slapping of the shoulder. then it progressed to tapping the chest with the back of the hand/knuckles. i then verbally told the individual to "knock it off" and he proceeded to hit me with the back of his hand/knuckles in my chest and on the chin. i pushed him off me and then stayed clear of him till the end of the shift.
the following monday morning, i reported the incident to my foreman (who was not present while this was going on). the individual was indefinitly suspended. the union and the company went round and round and now the individual is slated to come back to work following his 30 day suspension.

what legal rights do i have?
 
If X does not do anything untoward to you when he returns from suspension, then you probably do not have any basis for taking action against him or the company. (In theory, you could report him to the police. However, it does not appear his "pre-knock it off" conduct would fit the practical definition of a criminal battery.)

If, however, X assaults or threatens you with assault upon his return, then you should consider reporting him to the police, notifying management and consulting with an employment law attorney.
 
OP, you have the same legal rights as you did the day this brute committed the battery against you.

Are you asking whether you have any special rights?

No.

But, based on the fact pattern you provided, an order of protection might be your best bet.

That way, this violent brute would be prohibited from coming within 100, 200, 300 yards, or some such designation.

That could limit you and he from being in the sme workplace at the same time.

If it had been me, I'd have called "911" and filed criminal charges against this thug.

But, you better watch your back.

Violent thugs like this will try to provoke you or just seek revenge!!!!
 
OP, you have the same legal rights as you did the day this brute committed the battery against you.

Are you asking whether you have any special rights?

No.

But, based on the fact pattern you provided, an order of protection might be your best bet.

That way, this violent brute would be prohibited from coming within 100, 200, 300 yards, or some such designation.

That could limit you and he from being in the sme workplace at the same time.

If it had been me, I'd have called "911" and filed criminal charges against this thug.

But, you better watch your back.

Violent thugs like this will try to provoke you or just seek revenge!!!!


Will the company I work for be required to comply with the protective order. We both work the same trade? How does that work?
 
Will the company I work for be required to comply with the protective order. We both work the same trade? How does that work?

The company will be required to assist you by complying with the order.

That normally means you and the batterer would be placed on different shifts, or assigned so that he can avoid you!!!
 
The company is not obliged to comply with a restraining order to which they're not a party. If there is a restraining order, OP might find themselves out of a job - and legally so.
 
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