If afellow employee poured a chemical down my pants at work, doI have a lawsuit case?
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If afellow employee poured a chemical down my pants at work, doI have a lawsuit case?
I work for a contracting agency. they contract for a manufacturer of solar panels. I am a 22 year old female. A 27 year old male poured a chemical called Isophropyl alcohol (IPA) down the back side of my pants while I was sitting on the floor; there were 4 witnesses, 2 of which were supervisors. They briefly told the shift lead but he received no punishment. I personally told the shift lead 2 weeks later and he had not even documented the incident until I told him. He fired the employee that night. Do I have a case for lawsuit?
Asked on January 26, 2012 under Employment Labor Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could sue the employee for assault and battery. Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege. Assault does not require any physical contact, only the reasonable apprehension of an immediate battery. Battery is the physical contact.
Battery is the harmful or offensive touching of the person of another without consent or legal privilege.
Assault and battery are both civil (lawsuit) and criminal. The civil case is separate from the criminal case if you were to file criminal charges.
Since assault and battery are intentional acts, it is unlikely that the employer would be held liable for the employee's actions because these actions were not within the course and scope of employment. An employer is liable for the negligence of an employee which occurs within the course and scope of employment. The actions of the employee were intentional NOT negligent.
Your damages (the amount you are seeking to recover in your lawsuit) for assault and battery would be nominal damages unless you were injured and required medical treatment. However, you may be able to seek punitive damages which are a substantial amount to punish the intentional and malicious act of the wrongdoer.
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