Coarsegold, CA asked in Employment Discrimination for California

Q: I was attacked at work by a non employee in full view of employers .

I was attacked at work by a non employee in full view of employers . the injury was bruising on upper left side caused by ax handle. A police report was made. Injury was not serious. About 5 days later same person came on premesis and stabbed me just below rib cage and was life flighted out. My employer fired me for "SWEARING" and tring to deny workers comp. Was it my employers responsability to make a safe work environment? I was retaliated agaibst for my injury and in ten years never given a warning for swearing or any other thing.

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2 Lawyer Answers
Susan G. Cohen
Susan G. Cohen pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: You should contact an Employment Law Attorney who represents employees as soon as possible. There are some very short statutes of limitation in Employment Law cases for Discrimination and also for Occupational Health and Safety Claims. When did this incident happen? Do you still work for the same employer? Do you know the name of the person that attacked you? Both the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing can help with discrimination claims. A violent assault may not be within the scope of Workers' Compensation Coverage, but the employer may have some responsibility for failing to have measures in place regarding assaults committed against employees. Call a Plaintiff's Employment Lawyer in the county or metropolitan area where you work as soon as possible.

Ali Shahrestani,
Ali Shahrestani,
  • New York, NY
  • Licensed in California

A: It depends on your job and whether any security needs to be in place given the work environment's specifics. As for the termination, it depends on whether you're an at-will employee and whether any illegal reasons (e.g., discrimination) were at play as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, 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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