Workplace Violence - Damage to Property - Negligent retention

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Sirmontgomery

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I work in a restaurant/bar, and a fellow employee has been convicted of a violent crime, and was drinking both during/after work. On our way out the door, on work property, in front of witnesses, this person assaulted me - unprovoked, causing cuts and bruises, and damage to my vehicle. The owners have taken little to no action other than instituting a "no drinking" policy and I continually feel unsafe at work. What should I do, and who is liable and for what?
 
Sirmontgomery said:
A week ago tonight. The conviction was well before the hire, from my understanding.
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Proving you were battered might be difficult seven days after this allegedly took place.
You should have called the police immediately after it occurred, and sought medical as well.

You don't indicate that you're suffering any medical issues, except a few cuts and bruises and some damaged property.

You can speak with the police and see what they are willing to do, and take your witnesses (or at least their contact details).

His priors (assuming he has any) have little or anything to do with what you allege he did a week ago.
 
UPDATE: Days after the incident I left a message for the owners with no response. After incident, when I had to return for work - informed my manager of the altercation, and then did the same with the owners - and of my awareness of my rights - and that I do not feel safe there - but that I also don't want to see him go back to jail over this and I want him to pay for my car. The owner responded that he wants to sit down with us both and iron this out. That was Friday morning.

The next day I receive a text from the assailant saying he spoke with the owner, and that the owner wants him to resolve this with me, to which he has no problem but he then proceeds to accuse me of drinking on the job, and writes if I choose to pursue to get them (the company) to pay for my car that I am "opening up a can of worms" that "does not look good for" me.

I spoke with the owner, reading him the text message, and his response is "Well he's right, we are not going to pay for it."
And that they do not want to get involved for liability, backing off his initial stance of wanting to sit down with us both. I again told him that I do not want to press charges against the employee, but that I will go to the full extent that the law allows because I will not be bullied, assaulted, have my property damaged, and then have someone spin a story to me of how its my fault. The owner then agreed to have a meeting.

Now, with the resistance of the owners to help, the further threat (indirect) from the employee, and a feeling of being unsafe and bullied from both parties, who is liable, and for what?

And what is the best course of action to take?
 
I have photos of my injuries dated from the day after, the damage to my car is visible, and consistent with the accounts of the four witnesses of the event. I have a text message from the assailant with an admission of guilt.
 
Sirmontgomery said:
UPDATE: Days after the incident I left a message for the owners with no response. After incident, when I had to return for work - informed my manager of the altercation, and then did the same with the owners - and of my awareness of my rights - and that I do not feel safe there - but that I also don't want to see him go back to jail over this and I want him to pay for my car. The owner responded that he wants to sit down with us both and iron this out. That was Friday morning.

The next day I receive a text from the assailant saying he spoke with the owner, and that the owner wants him to resolve this with me, to which he has no problem but he then proceeds to accuse me of drinking on the job, and writes if I choose to pursue to get them (the company) to pay for my car that I am "opening up a can of worms" that "does not look good for" me.

I spoke with the owner, reading him the text message, and his response is "Well he's right, we are not going to pay for it."
And that they do not want to get involved for liability, backing off his initial stance of wanting to sit down with us both. I again told him that I do not want to press charges against the employee, but that I will go to the full extent that the law allows because I will not be bullied, assaulted, have my property damaged, and then have someone spin a story to me of how its my fault. The owner then agreed to have a meeting.

Now, with the resistance of the owners to help, the further threat (indirect) from the employee, and a feeling of being unsafe and bullied from both parties, who is liable, and for what?

And what is the best course of action to take?
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No one is liable for anything.
Why?
You'll have to convince the court, and a jury that an act of violence took place.
You'll have to be able to prove that Person XXX battered you, damaged your property, and you were not a willing participant (as in mutual combat).
If the police take action, a prosecutor would have to be convinced to file the charges.


The restaurant owners are certainly not responsible for any of this.

By offering to meet with both of you isn't indicative of guilt, but illustrative of the role of one playing peacemaker.
 
Sirmontgomery said:
I have photos of my injuries dated from the day after, the damage to my car is visible, and consistent with the accounts of the four witnesses of the event. I have a text message from the assailant with an admission of guilt.
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Tell the police.

See what they say.

I don't think a text message will be all that probative.

The four witnesses might be helpful to you.

But, don't expect to get rich, you have no long term medical problems (that you know about), you might get something towards your car, and you're likely to be looking for work.

The other guy, too.

People don't like this bad press around their business.
 
You title your thread: Workplace Violence - Damage to Property - Negligent retention
These are the statutes re negligent hiring/negligent retention New Jersey:

New Jersey
a. Negligent Hiring
i. Elements: The elements comprising a claim of negligent hiring in New
Jersey are that: (1) the employer knew or had reason to know of the
particular unfitness, incompetence or dangerous attributes of the employee
and could reasonably have foreseen that such qualities created a risk of
harm to other person; and (2) through the negligence of the employer in
hiring the employee, the employee's incompetence, unfitness or dangerous
characteristics proximately caused the injury to the plaintiff. "[F]urther…
the employee conduct which may form the basis of the cause of action
need not be within the scope of employment." Di Cosala v. Kay, 91 N.J.
159, 173-74 (N.J. 1982).
b. Negligent Retention
i. Elements: See above
c. Possible Preempting legislation: New Jersey Worker's Compensation Act,
N.J.S.A., 34:15-8. See Cremen v. Harrah's Marina Hotel Casino, 680 F. Supp.
150, 155-56 (D. N.J. 1988) (holding that the plaintiff's claims for negligent hiring
and retention were preempted by the worker's compensation act).

(Just for your information - not giving legal advice)
 
I am unfortunately somewhat aware of negligent hiring/retention cases, though not because I have been a party to one and not in your state. The bar is set very, very high for these. It takes a lot to prove that the employer knew this guy was violent, likely to go off on you, and deliberately ignored multiple signs of problems. Hiring someone with a prior record from many years ago is not enough. Even hiring someone with a recent record is not proof. If this guy had been increasingly volatile and you had reporting it regularly to the owners to their complete indifference, you might have something closer to a case. In no circumstances are they responsible for the damage to your car. If you want to force someone to pay for your medical bills or car, you are going to need to press charges and file a civil suit against the guy who attacked you. For that matter, it is darn near impossible for you to have a negligent retention claim without having at least filed a police report or charges. If it was such a "minor" incident that you can't be bothered to do the minimum on your own behalf, do not expect the courts to step in and force someone else to accept responsibility.

When you are talking about a coworker, you very well may be preempted by the WC act. If your injuries required more than a bandaid and a bag of ice, file a claim.
 
Agree, Elle. I posted the statute for the OP's info since OP asked about negligent retention.
 
Thank you all for your insight, statutes, etc. I will be speaking with an attorney/friend regarding the aforementioned altercation. This is a part-time supplemental job, so the upside is it will be of little consequence to seek employment elsewhere. Again, thank you.
 
You're welcome & good luck to you.
 
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