If a person is assaulted by their manager what can they do?

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If a person is assaulted by their manager what can they do?

I was grabbed and pushed by my manager on Thursday. I asked her to let go of me and she would not. All other fellow employees witnessed it.

Asked on August 12, 2012 under Employment Labor Law, New York

Answers:

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

Answered 8 years ago | Contributor

You can sue the manager for assault and battery.  Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege. Assault does not require any physical contact; only placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Battery is the physical contact.  Battery is the harmful or offensive touching of the person of another without consent or legal privilege.  Assault and battery would be separate causes of action (claims) in your lawsuit.  If you were not injured, you probably won't recover much in terms of damages (monetary compensation).

Since assault and battery are intentional, your employer would not be liable because an employer is liable for the negligence of an employee which occurs in the course and scope of employment.  The assault and battery were intentional acts.  Intentional acts are not negligence.

Assault and battery are both civil and criminal.  A criminal case for assault and battery is separate from the civil case.


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