Is there a law protecting employees from an employer grabbing them and trying to get them to stay at work?

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Is there a law protecting employees from an employer grabbing them and trying to get them to stay at work?

My employer grabbed me to day and tried to get me to stay so she could talk to me, even though I told her I had to leave. She then tried to push me back into my office. I broke free and yelled at her to never touch me again. She then followed me out to my car screaming at me.

Asked on May 24, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, there are laws protecting employers from doing this, but they are not labor laws--they are the regular criminal laws and the common law in regards to torts (civil wrongs, or things you can sue over). No person is allowed to grab or restrain another against his or her will--that is assault--and you could file a police report about it. (If you were injured in any way, you could also sue for compensation--but you effectively can't sue without some injury or cost, like medical bills.)

There's nothing to do about the yelling--employers may yell at you if they like.

Note, however, that if your employer tells you to stay but you leave anyway, you could be fired for cause for doing so unless you had an employment contract which set or specified your hours or shifts.


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