Q: My boss/the owner of the restaurant I worked at slapped my hand out of frustration. What are my options?
I recently got a new job at a small business pizza place. The owner of the establishment was also my boss/supervisor, whathaveyou. He was training me and I accidentally messed up a customer's order. He struck my hand out of frustration and walked away after muttering something to me about not paying attention. I finished my shift, left, and texted him I wouldn't be returning to work for him. As it is a very small business, there is no HR department I could have turned to. There is nobody higher than him in the chain of command as he is the owner of the restaurant, so I feel lost in terms of what my options are. I was recommended to file an assault charge against him, but I worry it would not get anywhere because I don't believe there were any witnesses. Any advice is greatly appreciated.
A:
Unless the slap was hard enough to seriously injure you, I think you've done the best thing that you could do in quitting. One of the benefits of the employment-at-will doctrine is that you are not legally beholden to your employer and can quit for any reason at any time. While it may be customary to give two weeks' advance notice, in the absence of a contract, there is no legal requirement that you provide advance notice. If the owner feels at liberty to physically slap your hand, I can foresee that type of conduct escalating over time.
You might consider leaving a review on Glassdoor, Fishbowl, or Yelp.
A: I agree with Mr. Frick: you also have the option of filing a small claims lawsuit against the manager for battery. You don't have to have medical expenses to get emotional distress damages, and a physical assault like this is outside the worker's comp system. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.
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