Can I sue my boss for pushing me out of the restaurant?

UPDATED: Oct 1, 2022

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Can I sue my boss for pushing me out of the restaurant?

The day before my last day, my boss wanted me to go home early for no reason. I refuse and tell her that I’d like to stay for the whole shift. She then proceeded to tell me that she was the boss and she could send anyone she wanted home, however other people wanted to go home as well. She then told me that she wanted me to leave right that instant and forced me to clock out. I did as she asked since I didn’t want to argue anymore but then she stalked me to get my stuff, started yelling at me to hurry up and get out and then when I was trying to say goodbye to my friends, she physically started pushing me out the door. She kept yelling at me. Not once did I disrespect her.

Asked on July 12, 2019 under Employment Labor Law, California


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

Answered 3 years ago | Contributor

You could sue your boss for battery which is the harmful or offensive touching of the person of another without consent or legal privilege.
It is not worth pursuing due to the cost of litigation and because you were not injured.

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 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.

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