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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.