what is an employers responsibility if an employee is physically assaulted by a non employee while at work?
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what is an employers responsibility if an employee is physically assaulted by a non employee while at work?
an individual was breaking the rules and an employee confronted them about it,
the individual then physically assaulted the employee. the employer knowingly
intentionally ignored doing anything about the actual assault, did not report it
or persue it, only told the individual they cannot come back on the property.
Asked on September 13, 2017 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An employer is not the police: they have no responsibility in regards to unexpected criminal assaults by third parties (e.g. a non-employee) in the workplace. Just like if Bob is assaulted by John at Fred's house, Fred does not have to do anything about it, so, too, does the employer not have to do anything in this case. The victim, of course, is free to contact the police him- or herself and look to press charges.
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