Assaulted by a Co-worker Off the Clock: Your Legal Options in California

Experiencing an assault by a co-worker, even outside of work hours, can be a complex and distressing situation. At The Mines Law Firm, we understand the nuances of such cases in California. Here’s an overview of what you should know and consider.

  1. Assault Defined: Assault is an intentional act that creates a reasonable apprehension of imminent harmful or offensive contact. Physical injury isn’t necessary for it to be considered assault.
  2. Workplace Policies: Most companies have policies against workplace violence. These often extend to employee conduct outside of work, especially if it involves fellow employees. Check your company’s policy manual.
  3. Reporting the Incident: Even though the assault didn’t occur at work, it’s important to report it to your employer, especially if it affects your sense of safety at work. Your employer may have protocols for dealing with such incidents.
  4. Criminal Charges: Assault is a criminal offense. You have the right to report the incident to law enforcement and press charges against the perpetrator, regardless of your working relationship.
  5. Document the Incident: Record all details of the assault – the time, location, what happened, and any witnesses. This documentation will be crucial for any legal or disciplinary actions.
  6. Seek Medical Attention: If you’ve been physically injured, seek medical care immediately. Medical records will serve as important evidence if you decide to take legal action.
  7. Worker’s Compensation: If the assault has impacted your ability to work or caused psychological distress, you may be eligible for worker’s compensation benefits. Consult with a lawyer to understand your eligibility.
  8. Legal Action Against Employer: In some cases, if the employer was aware of the potential for violence and did not take appropriate action, they may be held liable. Discuss with an attorney if you have grounds for a lawsuit against your employer.
  9. Retaliation Is Illegal: California law prohibits employers from retaliating against employees who report assaults or workplace safety concerns.
  10. Consider a Restraining Order: If you fear for your safety, a restraining order against the co-worker may be necessary. This legal order will prevent them from coming near you or contacting you.
  11. Confidentiality and Privacy: It’s important to keep the matter confidential and only discuss it with relevant parties like HR, your lawyer, or the police.

 

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Disclaimer: This blog post provides general information and should not be taken as legal advice. If you’ve been assaulted by a co-worker outside of work hours and need legal assistance, contact The Mines Law Firm at 888-700-0093. As skilled attorneys in Los Angeles, California, we are equipped to handle personal injury, family law, and criminal defense cases.

Contact: For legal representation in these matters, reach out to The Mines Law Firm. Our experienced team is here to help.