Can I file a lawsuit for assault against my supervisor?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I file a lawsuit for assault against my supervisor?

My boss yelled at me while I was at
work. Calling me a ‘damn liar’ and
that I ‘can’t take criticism’. He
then proceeded to grab me by my
shirt collar while screaming in my
face. I warned him three times to
let me go. The third time, he let go
and told me to ‘go home and think
about what I’ve done’. I never put
my hands on him and now I am without
pay because I was sent home for him
assaulting me. I would like to know
what steps I can/should take. I have
been at this job for 3 years and
this is my family’s only source of
income. I have a wife and three
children to support.

Asked on June 7, 2016 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, unless your boss is doing this because of your race, national origin, sex, age over 40, disability, or religion, or unless you have a written employment contract which protects your employment, he can suspend or fire you at will for any reason, at any time. He can yell at you, grab your shirt, then send you home. That's because without a contract, you are an employee at will, and employees at will essentially have no rights in or to their jobs.
If you have an employment contract, you can sue to enforce its terms or for compensation for its violation/breach.
If he has harassed you becasue of one the characteristics described above (race, etc.), you may have an employment discrimination claim; if you think you do, speak to the federal EEOC or your state's equal/civil rights agency about filing a complaint.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue your supervisor for assault and battery.
Assault is placing another person in reasonable apprehension of an immediate battery without consent or legal privilege. Battery is the actual physical contact which occurred when the supervisor grabbed your shirt collar.
Battery is the harmful or offensive touching of another without consent or legal privilege.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption