Question and Answer: Assault by Co-Worker

One California reader asks:

I was recently assaulted at work by an associate after terminating her for insubordination. Am I able to sue my company?

Whether or not you can sue the company depends on what—if anything—the company did wrong. It also depends on whether your claim of “assault” involved physical battery that caused injury, and if the assault resulted from a dispute arising out of the employment. A claim against your employer would hinge on you being able to prove the company was negligent in failing to prevent the assault, and your employer would likely limit your compensation to workers compensation benefits.

More than likely, you should be able to sue the individual for the assault, but you should still exercise caution when involving the authorities. You will want to secure a witness to your informing your employer that you will be calling the police, as it is against the law to terminate an employee for calling police out of safety fears.

Again, you will want to proceed with extreme caution before assuming you have any type of case against your actual employer. It is highly recommended that in matters of employment law such as this, you contact a Los Angeles employment attorney to discuss the specific steps you should take to ensure a favorable outcome.

Law Offices of Kesluk, Silverstein & Jacob – Los Angeles employment lawyers



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