What actions should I take, if any, regarding a suspension due to an assault my another employee?
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What actions should I take, if any, regarding a suspension due to an assault my another employee?
During a shift I was kicked in the back of the knee by one of my associates. I lost my temper because this took my by surprise and sprouted some profanity. I then promptly ask the shift manager to leave which they granted. Then I went to work and was suspended until this Tuesday.
Asked on September 7, 2010 under Employment Labor Law, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In most states employment relationships are what is known as "at will". What this means is that basically an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit; including when suspensions are given. You in turn can choose to work for a given employer or not. The exceptions would be if there is a stated company policy contrary to the way in which your situation was handled, or there is a union/employment agreement that does not allow for such action, or this situation has arisen due to some type of discrimination (i.e., for reasons due to your race, religion, age, disability, sex, national origin). Absent any of the foregoing, your employer's action did not violate the law.
You could possibly sue your co-worker for assault (technically this might qualify if the unconsented touching was intentional). However, this may not go over well with your employer and further jepordixe your employment. Perhaps your best course of action is to serve your suspension and then speak with your employer upon your return and explain the situation.
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