Legal Question in Civil Litigation in California
Should an employee initiate a Wrongful Termination lawsuit against both his employer and boss if he was fired by his boss after his boss assaulted him, hit him with a letter opener and falsely called him a rapist? What would the employee need to prove in order to win the lawsuit?
2 Answers from Attorneys
Prove? All elements of every cause of action, such as duty, breach, causation, damages.
In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without ‘cause’, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy and make the company money. That’s how they pay your wages. Now if the firing was illegal under those definitions, then you have a 'wrongful termination' lawsuit, and feel free to contact me for the legal help you’ll need.
As to the potential causes of action for assault and battery, and slander: IF the case has merit [likelihood of winning and the other side found liable], value [substantial provable damages, such as medical injuries and financial losses] and collectability [defendant with sufficient insurance coverage or available assets to collect against], feel free to contact me if serious about getting counsel.
Since you were assualted at work, you can file a claim for worker's compensation benefits such as medical and psychiatric treatment, temporary disability benefits and a settlement for permanent disabilities. Feel free to call us at 213.388.7070 for a free consultation.
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