Assault Charges against My Manager Resulted in Threat of Employee Termination. Is the Owner’s Threat also a Crime?
Provided by HG.org
Any type of assault, discrimination or harassment in the workplace usually leads to either criminal or civil charges against the individual, even if he or she is a supervisor or manager. However, additional charges or damages may apply if he or she threatens retaliation for legal actions against him or her by the employee.
It is illegal in the United States to affect employees in various manners. These violations may include harassment, discrimination and assault. Police may charge the supervisor or manager with assault crimes, and an investigation may occur afterwards. However, if the employee requires compensation due to pain and suffering, mental anguish and similar circumstances, a civil case is possible. The other actions of intimidation against the charges are retaliation. While this could prove difficult to demonstrate in court, the actions of the supervisor or manager may lead to successful compensation claims. It is vital that the victim hires a lawyer to initiate a case.
It is illegal in the United States for company supervisors to retaliate for the actions of an employee. This includes instances where the worker files a claim against the supervisor for any reason. After changes to the laws in 2010’s, employers have no ability to retaliate against these employees. This includes others that are not part of the situation. The actions of the supervisor are to intimidate the worker, and if any actual negative consequences occur, the manager or supervisor may face additional action such as through an administrative board. He or she could face revocation of suspension of a professional license. Other action is possible through civil litigation with a lawyer.
Intimidation of Employees
While intimidation is not necessarily a retaliatory action, if the employees back down from a claim, it may become one. The employer has no authority to interfere with criminal or civil claims against him or her. The proceedings deal with lawyers, the courts and any law enforcement necessary to quell the incident. If another supervisor or manager intervenes and uses the same tactics to keep the matter away from the courts, he or she may face similar charges. Intimidation may lead to workplace harassment or a hostile work environment. These are claims through civil court that employees may bring forth.
Actions against Employees
No matter what action the supervisor takes that leads to discrimination, harassment or intimidation, he or she has no basis to do so. Laws do not permit retaliation. Intimidation against a single or multiple employees is against valid practices in a business. If the supervisor carries out these actions, he or she may lose a professional license to do business. Other penalties are possible based on the activity the supervisor or manager performs against the employee. When threatening the job of a person or group, this may violate employment contracts. Multiple infringements of employee rights may occur during these situations, and employers or owners of a company may owe damages to one or more individuals.
Possible Legal Action
When an employee faces assault at the workplace, he or she needs to ensure the matter progresses to law enforcement. Even if the individual is a manager, his or her actions are illegal. These events may proceed to a criminal process. However, if the manager is not immediately removed from office, he or she may proceed with intimidation or manipulation for the victim to stop the legal processes and recant his or her story. This intimidation or manipulation is retaliation. Legal action is possible when proof exists and evidence is strong enough for a lawyer to prove the activity.
While forms of discrimination and harassment are part of hostile work environments, retaliation is less difficult to prove in court. If the manager threatened to terminate one or more employees based on the actions of one person, this could lead to retaliation claims. The others that witness the threat could pose as witnesses in the courtroom during the claim. Then, the employee assaulted may process a civil lawsuit against the manager as well as any criminal justice acquired through the assault charges.
Legal Help in Retaliation Claims
Because retaliation is often confusing or complicated, it is important to hire a lawyer for the civil lawsuit. This may provide compensation to recover from the incident or to seek psychosocial or counseling treatment. This may permit the employee to become whole after the assault and intimidation of retaliation form his or her actions.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.