Assaulted At Work

[tooony75]

i am french and work in a french restaurant in florida. and the other day at work the chef (american) came to me in the back of the dining room slaped me in the head ans start insulting me. then he grab my tie and pushed me on the wall behind me. i got scared feeling the knot of my tie squeezing me so i put my hand on his trying to stop him then he left. he said you mother****er you f***** french ... there were 2 witnesses when it happened. then we went to the kitchen and keep saying slurs to me for no apparent reasons. and even if i had done something bad i dont think i deserved that.
i didnt go to the police because i didnt think about it. but told my manager the next day. and i got on the phone with some manager of the company that told me, they gonna take care of it...??

i am wondering what are my rights and what should happened to the chef, or can i still go to the police even a week after the events. should i sue the chef or the company ???? i really don t knox what to do.

[cbg]

Based on what you have posted, you do not have a claim against the company.

You can still go to the police, but they are going to wonder why you waited. It will be up to the DA what, if anything, happens to the chef.

[Betty3]

How have things been at work the past week? One of the managers may have talked to the chef (since they said they would handle it) so that it doesn't happen again. They may very well have disciplined the chef but you just don't know about it. They just need to be sure it doesn't happen again - they don't need to notify you of what action they took. If you are assaulted again, I would definitely contact the police.

You can contact the police at this time also as cbg indicated but you have no case to sue. What action the police take will be up to them.

[BOR]

i am french and work in a french restaurant in florida. and the other day at work the chef (american) came to me in the back of the dining room slaped me in the head ans start insulting me. then he grab my tie and pushed me on the wall behind me. i got scared feeling the knot of my tie squeezing me so i put my hand on his trying to stop him then he left. i didnt go to the police because i didnt think about it. but told my manager the next day.

You were clearly assaulted, yes.



If anything you need to discuss this with an attorney. You have a claim against the assaulter, yes,. You could/may have a claim against the company since this was an "Intentional Tort". FL does recognize this action.

Any "specific" law and causes of actions need to be fully discussed.

Intentional torts generally relieve an employee from utilizing any Worker's compenation laws for injuries sustained.

i am wondering what are my rights and what should happened to the chef, or can i still go to the police even a week after the events. should i sue the chef or the company ???? i really don t knox what to do.

You can notify the police even after a week, yes.

and i got on the phone with some manager of the company that told me, they gonna take care of it...??

I would await disposition of the company's action to actually think about suing them. Although, technically, you may be legally permitted to do it (see an attorney), it was not a member of management, just an Agent. I personally would probably not, depending on my injuries, but we are all individual in nature.

[tooony75]

thank you guys for your help.

i actually got to know today what was their plan of action. one of the corporate came to talk to me with the GM of where i work and he told me that they ask the chef to apologize to me in private (he feels embarrassed apparently) and that he has been severely punished : 4 or 5 days of suspension !!! doesn t seem like a big pusnishment to me ??? more like a couple of days off to enjoy. i let them understand that i was not entirely satisfied with this but that i will try get over it and keep working, even if iam not gonna feel very confortable anymore.

do you think the punishment they gave him is enough ???

what should i do now ?

[Betty3]

I think the punishment is enough but that is just me & my opinion. I would do nothing add'l. unless it happened again but again that is just me & my opinion.

[BOR]

i let them understand that i was not entirely satisfied with this but that i will try get over it and keep working, even if iam not gonna feel very confortable anymore.

do you think the punishment they gave him is enough ???

what should i do now ?

I personally would not be totally satisfied either, but I may "tend" to live with it and just keep my eyes open. The main point I suppose, is that it has been documented as an authentic assault, now it is on the record for all future legal purposes.

It does seem rather NON punitive in nature. I think the co. may be more concerned about accepting vicarious or imputed liability, then again, I do not work there, nor know the management or thier administrative style.

Best wishes.