Roseville, CA asked in Criminal Law and Personal Injury for California

Q: A store employee verbally harassed my wife while grocery shopping, and then physically attacked me, can we do something?

A store employee verbally harassed and intimidated my wife while grocery shopping. She was scared and embarrassed by the incident, while genuinely fearing for her physical safety upon leaving the premises. When I returned later to speak with management about the incident, the employee again attempted to verbally intimidate me and physically remove my phone by grabbing my hand and wrist while shoving me. My wife no longer feels comfortable shopping at this grocery store or visiting this shopping center for fear of encountering this individual. Do we have any recourse with the store?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you have recourse under California law. Your wife and you can potentially pursue a civil claim against the store for the employee’s actions. Your wife may have grounds for a claim based on the verbal harassment and intimidation she experienced, particularly if it caused her emotional distress and impacted her ability to return to the store comfortably.

Regarding the physical attack on you, this could constitute battery, which is an intentional and harmful or offensive contact with another person. You could file a police report for assault and battery and pursue a civil claim for damages resulting from the incident. Additionally, you may also consider filing a complaint with the store's corporate office to report the employee's behavior and seek a resolution directly from the store management.

Consulting with an attorney could help you understand your options and guide you through the process of filing a claim or complaint. Documenting the incidents, including any witnesses and evidence, will strengthen your case. It's important to address this matter to ensure your safety and to hold the store accountable for its employee's actions.

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