Legal Question in Employment Law in Missouri

My husband is a union painter and has been working with a foreman that thinks its funny to kick people in their priviates. Yesterday he kicked my husband so hard that his privates swelled up and are still sore today. We have not yet gone to a doctor but he is wanting to know is their any legal ramifications to what this person is doing. Can he sue this guy or the union for not stopping the situation.


Asked on 7/07/11, 6:37 am

1 Answer from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC

Your husband can sue the foreman, the union, and the business that has hired the union. This act is sexual harassment, sexual discrimination, and could be construed as hostile work environment. These are very serious violations. This could be a good suit based on the facts.

In Missouri it would also be assault and battery. You could probably sue for criminal assault and battery and then sue for civil damages for the tort of assault and battery.

You should consult with an attorney as soon as you can. Most employment attorneys will do a contingency fee.

I do contingency with a small upfront retainer and am willing to look further into this if you would like.

Jonathan

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Answered on 7/13/11, 9:20 am


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