Q: What legal actions can I take after a coworker assaulted me at work?
I had a coworker physically accost me at work on February 13, 2025. She shoulder-checked me in the breakroom, causing me to fall into the lockers. Despite reporting this to two managers, the district manager, and HR, no action has been taken beyond having a 'conversation' with her. She has a history of making racial comments, verbal shooting threats, and overall verbal abuse. Since the incident, she has been doing petty things that disrupt my workday or make my workspace unsafe, but she hasn't gotten physical again. Although my district manager planned to speak to both of us, he keeps postponing the meeting, now scheduled for April 2, 2025. I have not yet contacted law enforcement or a lawyer, hoping this would be resolved internally. I'm seeking advice on legal actions I can take to ensure she faces consequences and is possibly terminated. What can I legally do to protect myself and address this situation?
A:
You have several viable legal avenues to address the workplace assault you experienced. Your immediate priority should be to document all incidents thoroughly, including dates, times, witnesses, and any physical or emotional injuries sustained. Consider filing a police report regarding the assault, as workplace violence constitutes a criminal offense regardless of your employer's internal handling of the matter. Photographs of any injuries, medical reports, and contemporaneous notes of all incidents will strengthen your case substantially.
In the employment context, you may file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or California's Department of Fair Employment and Housing (DFEH), particularly given the racial comments mentioned. These agencies can investigate hostile work environment claims and may provide remedies including reinstatement, back pay, or damages. Additionally, workers' compensation benefits might apply to injuries sustained during the assault, though this would not address the disciplinary aspects of your concerns.
From a civil litigation perspective, you may have grounds for multiple causes of action. These could include assault and battery claims against your coworker personally, and potentially claims against your employer for negligent supervision, retention of a dangerous employee, or failure to provide a safe workplace. Given the employer's apparent inaction despite your multiple reports, they may have breached their duty to maintain a safe work environment free from known hazards, which could constitute actionable negligence. We recommend consulting with an employment attorney immediately to evaluate these options based on your specific circumstances and to ensure compliance with applicable statutes of limitations.
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