Legal Question in Personal Injury in California
assault by office manager
My office manager struck me with a closed fist on my lower back while leaning over a desk spreadeagle, trying to get away from having my hair pulled by her. My regional manager said I looked like a Mexican, and a woman because of my hair style. Besides a Workers Comp claim, what else can I sue this company for? I had five witness who are now intimidated against saying they saw it. My office manager also knew I had a bulging disc prior to the assault. Would I also be able to file for emotional distress and work injury on the same Worker's Comp. claim form? Would I be able to receive tort damages against this company?
2 Answers from Attorneys
Assault on the Job
It sounds like you have a potential claim for assault, including emotional distress and punitive damages. Obviously I can't guarantee anything, in part because I would need a lot more facts and in part because there simply are no guarantees in this business.
Things to consider which might affect your ability to sue include any written emplyment contract you might have (some include provisions for arbitration rather than litigation).
I invite you to contact me if you would like to discuss your case further.
Assault on the job
As always, more information is required. But you may also have certain Federal claims that you could assert. If your pre-existing physical injury was known to your employer the American with Diasabilities ACt should be considered. If the incident was racially motivated, there are Civil Rights protections available to you. There are many avenues to be considered. Rememeber that certain Feeral actions have claims filings as precedents...
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