Is slapping a shoulder and then shaking your shoulder, by a boss in the work place, considered assault? Can i bring a lawsuit for this?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is slapping a shoulder and then shaking your shoulder, by a boss in the work place, considered assault? Can i bring a lawsuit for this?

Asked on May 14, 2009 under Employment Labor Law, New York

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I would need to know more facts.  Was you boss joking around or was he mad at you?  were there any witnesses?  Unwanted touching is assault/battery and is unlawful whether at work or on the street.  Were any marks made on your shoulders?  If yes, did you take pictures?  Is the office vig enough where you can report it to a human resources person or another boss?  You can file a lawsuit if we are talking about principal here and you believe that you can prove your case.  He said she said cases are not great, but people have won.  If you have a witness, then you have a great case, which should settle quietly.  You do not want a big public case as it could hurt your chances of getting hired at another job (i.e. fear of you suing the new boss).  I would consult with a lawyer to determine if that is the best move and whether you have a good case.  How much money is this worth should be the question, when considering the consequences and need to obtain a new job as this is not a case to retire on.  I recently got a women 10K for getting slapped on the butt at work by someone (employed by another company) that came into the store who was in charge of putting inventory on a shelf.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption