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  1. #1

    Default Physically Attacked by Manager at Work

    My question involves an injury that occurred in the state of: Texas

    Sorry for giving details of this drama filled event but we are seriously seeking advise on how to proceed in this matter. We may also be posting in the wrong subject forum, so if that's the case, be forgive in advance and direct us to the correct one. thank you

    Details:
    Yesterday evening I took my friend, into our work place to look at her schedule, after the night shift manager called her and accused her of being a no call, no show. As we walked to the back of the store, the charge manager went with us and it checked out that she was not supposed to be there. However the night shift manager that originally called her, came back as well and started yelling at my friend very loudly, my friend responded back by telling (not yelling), her she was being rude and as a manager she should never talk to others like that, then the night shift manager shoved her forcefully up against the wall from the front. My friend, slammed up against the wall and then responded back by swinging and landing a hit to her face. then night shift manager then grabbed her, threw her to the floor and proceeded to get on top of her and the two ladies fought. After the night shift manager was pulled off of her, she reached down and tore my friends shirt completely off of her, then began to kick her repeatedly in the side. She also walked across about 5 ft. picked up my friends fallen phone, and threw it across the store breaking it, into pieces. There is lots more, however I'll stop there...

    My friends injuries were as follows: Possibly torn ligament in knee and ankle, is in stabilizer and crutches until we see a bone and joint doctor. Scratched retina, multiple scratches on upper torso, face and eyes, large bruise on hip and back, bruised ribs.

    Managers injuries, bloody nose, cut on upper eye lid. Other may be as well but not confirmed.

    both ladies ended up at the e.r. both ladies filed assault charges. Police said they would view the video to see who was the aggressor and asked my friend to turn in a hand written report of the incident but also informed my friend that the two stories were very different. So, if my friend was shoved first, would the manager be the aggressor? Does my friend have ground to stand on in seeking a lawyer and if so, which type. Since the main manager did nothing to stop the fight and just walked away and allowed it to happen, in front of customers and all, is there anything she should do in reporting her?

  2. #2
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    Default Re: Physically Attacked by Manager at Work

    It sounds like both will be charged. The main manager did well by staying out of it. Now she won't get fired like both of them.

  3. #3
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    Default Re: Physically Attacked by Manager at Work

    So, if my friend was shoved first, would the manager be the aggressor?
    not necessarily. Aggression does not have to be physical contact.


    Does my friend have ground to stand on in seeking a lawyer and if so, which type.
    I would start with a criminal defense lawyer. After that, if she is not deemed to have committed a crime, a personal injury lawyer would be the one to seek if attempting to seek compensation from either the other person but more importantly, the business entity itself.


    Since the main manager did nothing to stop the fight and just walked away and allowed it to happen, in front of customers and all, is there anything she should do in reporting her?
    what did you expect her to do? Have you ever tried to break up a fight involving a couple dogs or cats? You end up in the middle getting hurt. She was not obligated to insert herself into the fight.



    However the night shift manager that originally called her, came back as well and started yelling at my friend very loudly, my friend responded back by telling (not yelling), her she was being rude and as a manager she should never talk to others like that
    , then the night shift manager shoved her forcefully up against the wall from the front.
    so she committed a battery

    My friend, slammed up against the wall and then responded back by swinging and landing a hit to her face.
    unless the other party continued the physical aggression, your friend just committed the same crime the manager did.

    You do not get to continue a fight. You have a right to defend yourself but once the aggression has ended, so has your right to claim self defense.

  4. #4
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    Default Re: Physically Attacked by Manager at Work

    A person has the right to use reasonable force to defend herself, but not to retaliate. If it would have ended with the initial shove, then both parties will be construed to have consented to a fight and nobody will recover anything from anyone for damages. There could, however, be criminal charges. That's the main concern your friend should have. Some folks think that someone putting their hands on them gives them the right to beat/stomp/kick the crap out of them. The law does not allow that.

  5. #5
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    Default Re: Physically Attacked by Manager at Work

    Every place I've ever worked, both your friend and the manager would be fired, so don't be too surprised if that happens as well.

  6. #6
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    Default Re: Physically Attacked by Manager at Work

    I would start with a criminal defense lawyer. After that, if she is not deemed to have committed a crime, a personal injury lawyer would be the one to seek if attempting to seek compensation from either the other person but more importantly, the business entity itself.
    Concur.

    Your friend is potentially in a lot of trouble, and she's going to need a disinterested (not uninterested, just disinterested - someone not emotionally invested in the situation) third party to advocate for her.

  7. #7

    Default Re: Physically Attacked by Manager at Work

    Even after being shoved, one should not retaliate with a punch. We were just curious about the meaning of an aggressor in situations like this. I feel unfortunately, my friend will ultimately be the one in trouble in this situation. Thank you all for responding.

  8. #8
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    Default Re: Physically Attacked by Manager at Work

    Quote Quoting learningdaily
    View Post
    As we walked to the back of the store, the charge manager went with us and it checked out that she was not supposed to be there.
    Quote Quoting learningdaily
    Since the main manager did nothing to stop the fight and just walked away and allowed it to happen, in front of customers and all, is there anything she should do in reporting her?
    Unless the "main manager" is a professional bouncer, I can understand why she wouldn't want to get in the middle. Did she call the police?
    Quote Quoting learningdaily
    View Post
    We were just curious about the meaning of an aggressor in situations like this.
    Aggressor.

    There's not necessarily only one aggressor. For example it's possible that, if there's a break in the fight and the person who didn't start things the first time decides to attack the initial aggressor, you could have two aggressors.
    Quote Quoting learningdaily
    I feel unfortunately, my friend will ultimately be the one in trouble in this situation.
    So you think the video will bear out the manager's story?

  9. #9
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    Default Re: Physically Attacked by Manager at Work

    A person has a right to defend themselves from another person. A person has the right to respond to the aggressor in kind but only until the threat is stopped. A person cannot have initiated the fight by threatening the other person. If so they have the right to stop the threat of bodily harm. Name calling is not a threat. If your friend did not initiate the fight and responded only in defense of herself, and the video bears this out. Then and only then may she have a case. I would wait until charges are levied before actually hiring the defense attorney. You may be able to get a free or low cost consultation with one by calling your local legal aid society. If your friend is not charged. Then do hire an injury attorney for damages.

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