Re: I Was Assaulted at Work, What Are My Rights
No one said that. But, no one can possibly tell you what an employer WILL do, only what he MIGHT do. And he MIGHT fire neither of you, fire him, or fire you. There is no way to predict what will happen.
We also do no know what the witnesses will say or what the employer will believe was the cause of the incident. If they believe that you instigated the situation, they might decide to fire you for creating the situation ... they might also fire him for striking you. No way to say.
The police will take the report o the assault and pass it on to the prosecutor for evaluation. If the prosecutor decides the matter is worth pursuing, he or she will file charges.
That may not be legal nor prudent. There is likely more than one version of events and the employer will want to evaluate the situation and their options. Sending one or both of you home (with pay) would have been the most viable option until the matter has been evaluated.
I disagree, I think the guy should have been fired on the spot.
As suggested, get a restraining order if you have a valid fear. If you simply do not show up at work, that could be grounds for your termination.
I am afraid to go back into work now b/c I am afraid this man will meet me in the parking lot and attack me again.
As suggested, if terminated, seek the opinion of legal counsel.
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns