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

UPDATED: May 24, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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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