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Is their any negligence occuring here?

Discussion in 'Accidents, Injuries, Negligence' started by russharv63, Jul 29, 2017.

  1. russharv63

    russharv63 Law Topic Starter New Member

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    My wife got hired back in February 2017 at a assisted living facility as a housekeeper. When she first got the job she was warned by the housekeeping supervisor that their was a housekeeper that they were watching because she was being rude to the other housekeepers. She said several housekeepers had quit because of this one rude housekeeper. So on the second day of my wife's job she was assaulted by this housekeeper that they said they have been watching. My wife is in a residents room cleaning and in comes this housekeeper and starts telling my wife how she is not doing her job correctly. My wife does not pay her any mine and so this housekeeper hauls off and out of the blue slaps my wife in the face. My wife does not strike back but runs and tells the housekeeping supervisor what just happened. They locate the housekeeper and she admits to what she did to my wife. The enviromental service director ends up firing her but they did not call the police and report that my wife was assaulted by this housekeeper. The housekeeper just leaves after she is fired. The enviromental service director was fired a couple weeks after the housekeeper who assaulted my wife was fired. He was given no reason for the firing except he was told he did not fit in at this place. A couple weeks later I was fired and told the same thing. I was told I did not fit in and even after my housekeeping supervisor said I was a great employee. Is their any negligence by the assisted living facility?
  2. adjusterjack

    adjusterjack Super Moderator

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    Interesting. Your narrative has morphed from "my wife" to "I."

    No matter.

    No, there's no "negligence." The employer was monitoring a "rude" housekeeper. Rudeness is not dangerous. The violence was unforeseen so there is no liability on the part of the employer for any damages that your wife (you) may incurred.

    The liability for the slap is on the slapper.

    Besides, there is no money in a slap, for which your wife (you) recovered from almost instantly with no injury and no medical treatment.

    As for the employer not calling the police, there is no obligation for the employer to do so.

    It's up to the victim of violence to call the police. Your wife (you) can report it now, if you want, but I doubt if much will come of it. Should have called on the spot.

    As for being fired, your wife (you) were employed at will, fired at will. No recourse there. File for unemployment.

    Sorry, but there is no money in any of this for your wife (you) if that was what you were wanting to know.
    S&Jm82001 likes this.
  3. mightymoose

    mightymoose Moderator

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    I suppose maybe you and your wife work there?

    I agree there is no negligence on what you provided here.

    The company does not have to report the assault to police, but your wife could have if she wanted to.

    It was probably best to let the company handle it and be satisfied with the firing. They may not appreciate having the police come around.
  4. zddoodah

    zddoodah Well-Known Member

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    Not based on anything you posted. What acts or omissions occurred that you think might constitute negligence and what damages do you think anyone suffered as a result?

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