Elmsford, NY asked in Criminal Law, Employment Discrimination, Libel & Slander and Personal Injury for New York

Q: Can i charge my employer with physical assault and other charges?

My employer started verbally abusing me and then proceeded to threaten me by telling me one of us will have to die tonight. On my attempt to calm her down she then started hitting me with her bare hands, mainly on my face and head and started grabbing any item on her left as a weapon. When i held her hands to prevent her from hitting me, she started to spit on my face. She tried to shove me towards the window and also tried to pin me to a corner where a cactus taller than me was at.. on my way to the door, she ran and pulled my hair but i was able to get out of her grip. My conscience is clear. I DIDNT DO HER ANY HARM OR SAID ANYTHING BAD BACK TO HER even with everything she has done..But i've been diagnosed with blunt head trauma, contusions on the head and some injury and bruises on my left side of my arm from her strong grips and all her hitting but were shortly relieved by some cold compressions. But the doctors are more worried with my mental and emotional state. Please help me :(

3 Lawyer Answers
Derek John Soltis
Derek John Soltis
Answered
  • Employment Law Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: I am sorry to hear about your situation. What you described is a crime. You should call the police. What are your plans for work going forward? How large is your office? Is there a HR department?

V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: You went to the police correct? You asked the police to help you get an order of protection against this person correct? Or the district attorney to prosecute them criminally correct?

You certainly reported this to human resources correct?

Did human resources suggest you file a workers compensation claim since this happened on the job?

Did human resources investigate the assault and conclude that you were innocent?

You did not lose your job over this correct?

If you lost your job you applied for and received unemployment benefits correct?

There were witnesses to this incident correct?

Hopefully you answered yes to each of the above questions. Assuming you did then seek advice from the district attorney's office first. Then retain and discuss with a workers compensation lawyer and possibly a personal injury lawyer.

Then pay for an employment lawyer consultation. Employment lawyers sometimes prepare affidavits for witnesses although the police and district attorney's office may help you as well. Discuss your expectations and good luck.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • Criminal Law Lawyer
  • San Jose, CA
  • Licensed in New York

A: You should report the crime to the police. You can also sue the employer in court for breach of contract, tortious conduct, and related causes of action. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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