California has a number of laws that address the issue of workplace violence.
Regardless of the action you plan to take, it's important to secure witnesses statements of any violent acts committed against you at workplace, as in most cases the perpetrator will be denying ever touching you or being as violent as you state he was.
And if you feel that you situation is intolerable, and you consider resigning, it's a good idea to discuss your separation with an experienced employment attorney in your area, to see if there are any options to either negotiate (higher) severance for you or to enhance any potential claims you might bring before you actually quit your job.
- First, as a victim of violence you bring an action for assault and battery against the attacker, whether it's your co-worker or a supervisor. If the violent act/s has been committed by a supervisory employee, the employer will likely be liable for that as well.
- You can also bring a claim against the employer for failure to provide workplace environment free of violence and intimidation, under Cal. Civil Code 51.7
- If you are terminated after complaining about violence or treats of violence at workplace, you may also have a wrongful termination and retaliation claim.
Regardless of the action you plan to take, it's important to secure witnesses statements of any violent acts committed against you at workplace, as in most cases the perpetrator will be denying ever touching you or being as violent as you state he was.
And if you feel that you situation is intolerable, and you consider resigning, it's a good idea to discuss your separation with an experienced employment attorney in your area, to see if there are any options to either negotiate (higher) severance for you or to enhance any potential claims you might bring before you actually quit your job.
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