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

UPDATED: Dec 17, 2011

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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


Paula McGill / Paula J. McGill, Attorney at Law

Answered 10 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.  

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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