Denver, CO asked in Employment Law and Personal Injury for Colorado

Q: Can I file suit against a restaurant for a supervisor assaulting my son while at work?

My son was just about to finish his shift and told his supervisor he was about to leave for the day. The supervisor wanted him to stay, and when my son declined, the supervisor slapped him in the face (in front of another supervisor)—neither reported the incident. When he came home, I called the store and then the police. Police arrived at the store; GM had sent Supervisor away. A warrant is out for his arrest as he's not responded to police. I want to know the store’s liability; the supervisor is about 21 years old, and my son is still a minor.

1 Lawyer Answer
Michael Joseph Larranaga
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  • Parker, CO
  • Licensed in Colorado

A: 1st of all you should get an attorney.

2nd, if this was during work hours by a supervisor acting in his supervisory capacity, it would be almost negligent not to look into the employer's liability. They may not be liable but there is a good chance they may be to an extent. You can look beyond assault at this point to other workplace laws.

You should have multiple follow-up questions based on the interaction. Is that normal practice at this location, does the owner allow this to happen, did the owner tell him to do it, and on and on? Either way, you need an attorney because you need to start asking some questions.

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