A friend of mine works at a japanese restaurant as a server, he's been there approx. 1 1/2 years longer than the current owners have owned the place. A week or so ago my friend was working his shift, and he had two incidents involving a manager
1. The manager became irrate for an unknown reason and was throwing trays around and tossing and splattering trash all over him in the kitchen. This was witnessed by other workers. My friend did nothing, wiped the trash off himself and continued working.
2. Later that same night, my friend was racking glasses in the back, and the manager again became angry, started yelling and came over to him, and jacked him off the floor and started to hit him on his body.
My friend feared for his life because he was battered by his manager, the fact that there was glass, metal, knifes around. The owners did not fire/repremand the manager (btw, the manager has a record of prior workplace incidents like this one)
What type of lawyer does he need to seek?
2006-09-11 21:46:00 · 10 answers · asked by Bootylicious316 3 in Politics & Government ➔ Law & Ethics
Ran out of room for details before, but currently he is not working because he feels unsafe at his job. Also he is hurt by the fact that the owners did not repremand the manager, as well as inform the employees of the managers previous history of workplace incidents. The employers tried to reason with him saying that this manager is all the help they have so they can't do anything about the situation, but offered my friend to work at another location (Will that hurt his case if he worked at a different restaurant of the owners?) Also, my friend has been at his job longer than the current owners and the manager.
The point he is trying to get across in a suit against the owners is negligence on their part, NOT bodily injury/workers compenstation because he was physically not hurt during the incident, but the irrate manager could have easily picked up a knife that was nearby or smashed a glass in his face, and the fact that this could have been any other employee. What are his options?
2006-09-11 21:53:25 · update #1
He did file a police report that same night for sure and I think currently there is an officer working on it
2006-09-11 21:54:53 · update #2
(Any details/clarification that is needed I can easily ask my friend)
This incident happened in Orlando (Central Florida) He feels that he was wronged by his employers and they should pay because
1. They hired someone with a history of incidents like this (owners were aware of this), and not informing any of the employees
2. My friend fears for his well being there, the situation was dangerous, he does not want to work with this manager whatsoever considering the fact this could happen again
3. The owners did nothing to the manager. They stated that they needed the manager and is not going to transfer/fire him. Owners offered my friend to work at another location or stated by them in a subtle manner, he can work elsewhere(they did not fire him, but just hinted that if he's not satisfied w/ their decision then there is nothing they can do a.k.a work somewhere else. (he needs to work, he is wondering if he should even consider this option, but he is looking for a new job).
2006-09-11 22:30:09 · update #3
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation. If you sign up today you can ask your question tomorrow.
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2006-09-14 17:07:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The civil piece of this is a claim against the restaurant owner for what is called negligent hiring. The claim would be that the owners were negligent in hiring someone who would engage in this sort of conduct.
The bad news is that these claims are not always easy to win, even if the action of the manager is particularly bad. The question can turn on whether the owners knew or should have known that the manager had engaged in this kind of action in the past, or had shown warning signs that should have alerted them that he might. Since you indicate that the manager has such a record, the question would be whether the owners could have found that out, or actually knew about it and hired him anyway.
Any personal injury lawyer or competent litigator can handle this type of claim.
2006-09-12 02:33:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Maybe a lawyer is the best person to answer this. I would say a general lawyer might be the person. However, you have left information out. Why does he want a lawyer at all? He doesn't need to defend himself in court, does he? Also, you don't mention where in the world this took place.
It would seem he might want to file a police report and/or go to a courthouse and ask for the appropriate office to help him with what he wants. I don't know whether he wants to file charges, to get a restraining order, or what, but it doesn't sound like he's the one who should need a lawyer.
2006-09-11 21:54:34 · answer #3 · answered by Robert B 5 · 1⤊ 0⤋
This was an assault, and is a criminal matter, not a civil one. He needs to press charges and fast. Later he can sue, but he needs a police report or the first thing the civil court judge will ask is why there is no police report. He needs witness statements in writing too.
2006-09-11 21:53:10 · answer #4 · answered by Anonymous · 2⤊ 0⤋
The first thing he needs to do is file charges. Without a police report, he's not gonna get any help. How serious do you really think anyone will take him when he doesn't even bother to press charges? Sounds like he just wants money, not really scared. Normal people call the police when they are scared.
2006-09-11 21:53:12 · answer #5 · answered by ? 6 · 2⤊ 0⤋
He should make a police report and have him arrested for assault and battery. Report the restaurant owner's to the labor relations board and bring a law suit against everybody.
2006-09-11 21:54:08 · answer #6 · answered by valducci53 4 · 2⤊ 0⤋
A lawyer with experience in labor laws.
2006-09-11 21:52:30 · answer #7 · answered by Mariposa 7 · 0⤊ 1⤋
doe he not have a union he can go to? that would be my first step then i would be taking the owners to court if he is not there it will be someone else that bully picks on tell your friend to stand up for himself good luck
2006-09-11 22:00:12 · answer #8 · answered by angel 36 6 · 0⤊ 1⤋
Try the links in http://www.freewebs.com/legaladvice/
2006-09-12 18:12:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
personal injury lawyer, i think.
2006-09-11 21:49:32 · answer #10 · answered by Anonymous · 1⤊ 0⤋