What to do if my ex and I work together and got into a fight which turned physical and now I’m suspended even though I was the victim?

I had to call the police. What happened was that during the argument I pushed him off of me twice in order to have him stop beating on me. His bruises seem worse because he’s super white but in the police report they took 5 pictures of my injuries. He fled the scene and I am the victim. Is it legal for my employer to suspend me and/or fire me based on a personal issue like this?

Asked on July 23, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you don't have an employment contract, you are an employee at will. As an employee at will, your employer may suspend or terminate you at any time, for any reason, including for being involved in a physical altercation, even if the other party to the altercation instigated it. You may be able to press charges against your ex, or even sue him for your injuries and other losses or costs, but that does not prevent your employer from suspending you.

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