Q: Wife was swatted on hip for serving to much food several times, can we sue if nothing is resolved internally?
Manager has threatened to hit my wife, Already reported to HR and the field rep is coming out tomorrow to investigate claims made, I just want to know exactly what type of assault this is and the law associated so my wife can present this to the field rep
A:
Any physical contact in the workplace can be considered a battery if unwelcomed. Once reported the employer has a duty to protect the employee against further workplace violence. Such contact can also be considered a crime. Your wife should report the specifics of what happened, and if possible, do so in writing. If the violence continues, it would be appropriate for her to contact the police and an attorney.
Good luck to you and to her.
A:
Any offensive touching ( not consented to) is a battery (P.C. 242), and the threat or attempt to do so , is an assault (P.C. 240).
In the workplace, this looks like sexual harassment /discrimination as such behavior would certainly create a hostile work environment.
Crimes are investigated by law enforcement, but a person can sue for battery and sexual harassment, discrimination or retaliation . The Department of Fair Employment and Housing investigates such complaints in Ca. Definitely consult a lawyer in employment law.
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