Assault at Work By a Co-Worker

[ChaNel]

Two days ago i was assaulted and battered by a coworker (a minor, working off the clock, and after 9pm on a weeknight prohibited under the AL State Law). I am a black transgendered female age 25. I get to work covering another coworkers shift because after a month of working I still have not been formally put on the schedule so i work when "they let me". The position i was supposed to work was taken over by the girl without my consent and i politely asked her to relocate. She refused. Throughout the entire shift she made comments like "when i become manager i'm gonna fire your ass" and "your not gonna know what to do when i'm manager, lil girl..." She proceeds to throw ice and other food particles while i'm working and i told her to "stop it! I do not play little games with kids".
The verbiage turned physical when she was in one station and felt the need to come over to mine and take over yet again, this time physically moving me with her body (she's about 250lbs and ima mere 160lbs soaking wet). I looked at her with disgust and told her "I got it u can go right back where u were." I reached for the food and she shoved me forcefully into a machine and i sternly replied with "DO NOT EVER TOUCH ME AGAIN! EVER!!" The little girl turned around and with brute force bumps into me again with her shoulder into chest and said smugly "I JUST ****in' did! Now what r u gonna do about it?" My MOD was less than a foot away and i asked him if he had witnessed what had happened but he stood speechless. I knew it would be good to report the incident so i wrote everything down on paper.
Sitting at the manager's desk, I wrote of what happened just minutes earlier and i began to feel someone behind me. The little girl walked by as i turned around and says "No one's gonna care. I've been here longer than you. Write two for all i care nothing is gonna happen!" After circling the store 3 or 4 times peering over my shoulder each time, She finally says "you're a dumb bitch! just leave! you can write that at home! we dont need you!" coming just inches from my face while screaming. I said, "Little girl, taken over my station twice, you have already cursed me, pushed me, shoved me, bumped me, and totally violated me today what more do you want? Get out of my personal space you've done enou..." Before i could get my sentence out she slaps my hand out of the face she put in mine and bragged, "now i just slapped u. DON'T put ur hand in my face anymore bitch!" While all this is going on my MOD is working just feet away and i yell to him to "please come and get this child she's done enough violating me tonight" As i'm asking for assistance, she snatches my report and balls it up in my face in true bully fashion (right in my face with an expression that reads 'now what?') I told her to return it yet she refused. I cleverly took it back and she immediately struck me in my right eye with her phone as the weapon. I was taken by surprise as she moved in closer for another swing and i pushed her off me and walked about LIVID. I asked how she would have felt if i smahed something across her face? (picking up miscellaneous objects in demonstration) How would you like that? She simply replied "i'm not scared. Do it, hoe!" I simply gave up and said to my aloof MOD look this has spun completely out of hand. i do not know whats going on with my eye but she hit me with her phone and it feels weird. MOD looked at the black eye swollen with a long scratch from my eye down to my cheek, and finally sent her home because "a mark was made." I was also instructed to "not call the police" and obeyed orders.
While taking photos of my injuries and calling my general manager i noticed the girl walking around the store looking inside at me. She begins to take pictures of herself, and had her dad call the police. Of course the police treated me like this months power bill, calling me sir repeatedly, asking me questions like what hand she used to hit me with, what did i do to deserve the attack, and other questions that made me feel even more upset immediately following the debacle that just happened. When they viewed the surveillance cameras that visibly show her physically assaulting me, they told us we would both be suspects as well as victims. I was told i could not finish my shift and to "go on home," since i "wasn't gonna lose my job or anything yet".
In the State of Alabama there is no such thing as a hate crime against the LGBT community. My question is how on earth do i seek justice for something that was caught on tape, mismanaged by the proper authorities, caused more stress on me (my doctor said my blood pressure was at 149/97 when i visited his office the next morning, and he prescribed Celexa so these situations "won't consume [me] and kill [me] since im taking a blood thinner for a pulmonary embolism)? i haven't worked in the last 2 days and she has worked both days why am i being 'penalized' for something i did not do or provoke it?

[PandorasBox]

ChaNel, you need to file a report with the EEOC, if you are a minority in this place (example, the only black). And find a different employer.

[Mr. Knowitall]

Do you and this co-worker have job skills that are in short supply in your community? If I had two employees who acted like that, no matter who started it, they would both be looking for jobs the next day. And if I had a manager who sat idly by while some of this stuff was happening, that manager would at best be demoted and more likely also be job hunting.

My question is how on earth do i seek justice for something that was caught on tape, mismanaged by the proper authorities, caused more stress on me...

Given that you may end up facing charges as well, it's up to you whether you want to follow up with the investigating officer to try to determine the status of the case or "let sleeping dogs lie".

i haven't worked in the last 2 days and she has worked both days why am i being 'penalized' for something i did not do or provoke it?

I can't tell you why the other person has been scheduled to work and you have not. You haven't told us about future days - are you back on the schedule? Perhaps the issue is that they don't want the two of you working at the same time. Going back in your story I see that you only "get to work covering another coworkers shift because... I still have not been formally put on the schedule" - perhaps the issue is that they haven't had workers miss shifts and thus there's been nothing for you to cover.

ChaNel, you need to file a report with the EEOC, if you are a minority in this place (example, the only black). And find a different employer.

The issues of minors working prohibited hours, payments for hours worked "off the clock", etc., seem more likely to be the type of activity that would inspire state investigation. I'll note that minors at age 16 or 17 in Alabama can work until 10:00 PM during the school year and are not under hours restrictions during the summer break. If the minor was subject to a 9:00 PM end of day requirement then the minor is age 14 or 15, in which case I can see why a manager might treat the minor differently than a grown-up co-worker, not that I would tolerate the described behavior from any employee.

[PandorasBox]

Just re-read and noticed the minor part, off the clock part.

That's a big no-no.

And yes....she should not be allowed to act like a spoiled brat on the clock at the workplace.

[ChaNel]

So we we're both terminated this morning. In the termination form it states that "[our] rules our designed to establish a positive safe work environment for every employee..." I never did a thing until i was assaulted about 5 times and a shove off me is completely self defensive. I did not want to lose my job but I mentally prepared for this. I will not "let sleeping dogs lie" i've been violated more than enough

[PandorasBox]

This is not legal advice, ok? This is just coming from Miss Sweet who can also be a real bitch....

Depending on how long you have been there, you may be able to collect Unemployment, but it may be an uphill battle.

I am assuming this is a big-chain place? If so, I would write Corporate Offices with the situation. I give you no guarantees, but I have had success in the past with it. I simply wanted my "terminated" changed to "voluntarily resigned for personal reasons".

EEOC - worth writing. Again, I guarantee nothing. If you were the only minority in the place treated like that....it's worth a stamp, you know? Just tell the truth.

[cbg]

The fact that you were both fired DRASTICALLY weakens any claim of discrimination there might otherwise have been. It is by no means illegal, or inherently discriminatory, to fire BOTH participants in an event such as you describe, regardless of who started it.