What should I do if during an argument, the owner of my work grabbed my arm after he told me to clock out and now I’m suspended and possibly fired?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What should I do if during an argument, the owner of my work grabbed my arm after he told me to clock out and now I’m suspended and possibly fired?

I was frying fish, which takes more time to do than frying anything else, and the owner of my work was arguing with me to fry something else. I had told him I was busy at the moment and asked him if he could do it. He began arguing with me after he fried the fries. I consistently said that I didn’t want to argue, then he told me to clock out and walk home. As I began to walk past the owner, he grabbed my arm and before he could say anything, I pulled my arm away from him and told him not to touch me. He began to tell me how he was just trying to get my attention so he could talk to me as I left.

Asked on June 17, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You really can't do anything if you don't have an employment contract. Without a contract, you are an employee at will, and could be suspended or fired at any time, for any reason--such as not doing what the owner says, or walking out while he's trying to talk to you.

Technically, you could try to report the contact to the police--in theory, grabbing and restraining, even if only briefly, someone against his/her will could be assault--but there is effectively no chance the police or prosecutor would take action for having your arm grabbed momentarily. You can't sue over being grabbed, unless you actually suffered some significant physical injury from the grab.


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