Q: Do I have any recourse if I was assaulted while on the clock by a man who works in the same shopping Center as me ?
A man who works two stores down from me came in to order a Drink and I was the only person working. He noticed I was alone and began making comments about my physique while I was preparing his drink. I ignored him and continued to work, I went to hand him his drink and he grabbed me trying to force himself on me pushing us down to the Ground. I fought with all that I could and he ended up biting me on my neck and I scratched his face. He let go & ran out of the Store. I immediately called my Mom and she called 911, there was a police report filed but the Police advised if they were to arrest him he wouldn’t spend the night in Jail which would be a waste of time. My employer has cameras in the store but they have not worked since I have been employed here (1 year). Now my work is refusing to add me back to the schedule after I requested time off, they have not called to check up or in on me, and my Manager made a comment insinuating that I asked for this to happen to me. What can I do?
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- California
- (916) 704-3009
- View Profile
- Answered
A:
You have several legal options available to you under California law. First, you should consider filing a civil lawsuit against your assailant for assault and battery. You have the right to seek compensation for your injuries, both physical and emotional, through the civil court system.
Regarding your employer's response, you may have grounds for a workplace retaliation claim. California law protects employees from retaliation when they take time off due to injuries or seek protection following an assault. Your employer's refusal to put you back on the schedule and the manager's inappropriate comments could be considered retaliatory actions.
Additionally, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) for any harassment or discrimination you faced following the assault. It's important to document everything, including your communications with your employer and the police report. Consulting with an attorney who specializes in employment and personal injury law can help you navigate these legal processes and ensure your rights are protected.
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