What are my rights regarding violence on the job?
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What are my rights regarding violence on the job?
At work I was grabbed by the shoulder in an angry manner by my group lead last. New Link Destination
day I was brought to the office to tell my side of the story. I explained that grabbing me was uncalled for and that there was no reason for it. I explained what happened leading up to the incident. The HR plant manager wanted to know everything that happened afterward. I do not trust these people. I told them that
is my story that physically handling of me should not have happened. There has been behavior problems with this person in the past, several times, Hr continued to ask me for the rest of the story, I said that’s all I have to say. I thought what happened afterward wasn’t important. They suspended me for one day and will call me tomorrow at 1:00 p.m. I guess to hear what I have to say about the rest
of the story. I have my suspicions that they are trying to protect this guy.
Asked on March 21, 2018 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Employment is employment at will: the employer decides who to keep and who to terminate, who to discipline and who to not discipline, even if they make a bad, stupid, or unfair decision. It may be morally wrong and again, just plain stupid, but they have the right to take the side of the group lead and keep him while punishing or terminating you. If you are later injured by this person, after the employer knows that he poses a threat, you could likely sue the employer: their retaining him with knowledge that he gets physical would be negligent, or unreasonably careless. But that's all you could do: you can't proactively make them take any steps to punish him or protect you.
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