Physcial abuse/harassment

My boss physically attacked me and threatened my life and well being in front of a number of people a little over a week ago. I wrote a memo to the President of my company describing the event and asking for action. Last night he contacted me and stated that he and his boss had discussed changing my position from a project manager to a superintendent. This would be a demotion. Do I have grounds for a harrassment case?

2 answers  |  asked May 25, 2003 10:21 AM [EST]  |  applies to Texas

Answers (2)

Margaret A. Harris
Harassment Case?

"Harrassment" claims are usually filed against the employer, not the individual. It is not clear whether the company/employer will be responsible. It depends in part on whether the company knew or should have known that your boss was the type of individual who would engage in that kind of behavior. It could also depend on whether the company took adequate care to prevent behavior such as this. Further, the issue of the demotion could raise another question of the employer's liability: were you demoted because you complained? Lastly, I agree with Mr. Henderson that you have a claim of assault against the boss. You should consult with an attorney who is familiar with this field of the law before making any decisions about what to do next.

posted by Margaret A. Harris  |  May 26, 2003 12:35 PM [EST]
Trey Henderson

You probably have a cause of action for assault against the individual who assaulted you. Depending on the facts, the company might be liable for the assault as well. If the assault was sexual in nature, you may have a retaliation claim. You need to consult a local attorney.

posted by Trey Henderson  |  May 25, 2003 9:24 PM [EST]

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