I was assaulted on the job by my supervisor. The assault was unprovoked, caught on tape, and witnessed by another co-worker. I had to go to the emergency room due to my injuries. I eventually had to leave my job because although he is officially banned from the premises, this is not enforced. I pressed assault charges against him and now I am taking him to court. Apparently he had been dishonorably discharged from the military less than a year ago for a similar incident. Many people in the company knew of this and spoke of this, but they still promoted him to job of supervisor. I want to know if I have any case against the company. They do not do background checks on employees, but I feel that if someone in charge had known that this man had been dishonorably discharged from the army, they shouldn't/wouldn't have put him in charge of other employees and maybe I wouldn't have been hurt.
2006-11-06 13:10:03 · 6 answers · asked by g 3 in Politics & Government ➔ Law & Ethics
Yes.
I'm an attorney.
If you are suing the supervisor civilly, your attorney should have already told you to 'join' the employer as well in the suit. If the current case is criminal, you can use the criminal conviction to help you in the civil case later.
Now, be careful, because if he is found not guilty in the civil case, HE will use it in the civil case. The standard of proof is easier in a civil case, so losing in criminal court does not mean you will lose in civil court, but you should keep it in mind. Its kind of like the OJ case. He was found not guilty in criminal court, but was found guilty in civil court, for essentially the same act.
Contact a lawyer in your state. If its in the DC area, or CA, you can contact me if you need help finding someone.
You do not want to let this go!. YOU MUST ADD THE EMPLOYER. You sue them 'jointly and severally.' That way whatever judgment you get, you can seek to recover from either party. If you sue him and win say $5,000 and he doesn't have it you may never get your money. By then it will be too late to add the employer because the case will already be over - 'adjudicated.'
2006-11-06 14:18:07 · answer #1 · answered by M G 3 · 0⤊ 0⤋
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2006-11-06 21:50:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You probably do. Your company is supposed to provide a safe work environment for you. You really need to talk to a lawyer.
2006-11-06 21:13:50 · answer #3 · answered by jaws65 5 · 0⤊ 0⤋
You really should make an appointment with the best employment lawyer you can find. Make sure they specialize in employment law and don't just dabble in it.
2006-11-06 21:39:57 · answer #4 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
A good lawyer will remove all doubt
2006-11-06 21:17:16 · answer #5 · answered by lobo 4 · 0⤊ 0⤋
You sure do!!! Go and fight it!!! But make sure that you have a good lawyer on your side!! GOOD LUCK!!!!!
2006-11-06 21:21:49 · answer #6 · answered by NATASHA W 2 · 0⤊ 0⤋