CanI sue my employer for not firing someone who assaulted me?

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CanI sue my employer for not firing someone who assaulted me?

Because he assaulted me a second time and then quit on his own.

Asked on July 30, 2011 New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Was your employer aware of the initial assault by the former employee and did nothing to discipline him or her immediately after the assault? If this is so, then potentially you have a cause of action against your employer for the damages you sustained as the result of the person who harmed you separate and apart as to any claims that you may have against the former employee.

For your employer to be responsible for unauthorized acts of the former employee against you, the employer must have been advised immediately of what happended or within a reasonable time frame, done nothing to discipline the offending former employee before the second assault.

Perhaps consulting with a labor law attorney further on the subject may help you on your inquiry.

Good luck.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Was your employer aware of the initial assault by the former employee and did nothing to discipline him or her immediately after the assault? If this is so, then potentially you have a cause of action against your employer for the damages you sustained as the result of the person who harmed you separate and apart as to any claims that you may have against the former employee.

For your employer to be responsible for unauthorized acts of the former employee against you, the employer must have been advised immediately of what happended or within a reasonable time frame, done nothing to discipline the offending former employee before the second assault.

Perhaps consulting with a labor law attorney further on the subject may help you on your inquiry.

Good luck.

 


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