Is it against the law that my boss physically abuses me at work?

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Is it against the law that my boss physically abuses me at work?

I served the wrong dish to a customer today, then my boss knuckled on my head. He always commands for perfection, he always yells at us, always threaten us with “I will kill you” if we do wrong. Is his behavior against the law?

Asked on December 17, 2011 under Employment Labor Law, California

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

Yes, the police may consider it illegal, and you boss could have been arrested for it if you had called at the time of the incident.  You can always file an incident report within a reasonable time thereafter,  However, your credibility decreases the longer you wait.  Also, there is a proof issue.  Do you have witnesses who are willing to testify to the assault and threat.  If not, you might be wasting your time.  


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