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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default I Am Afraid My Supervisor is Going to Physically Hurt Me

    My question involves labor and employment law for the state of: Louisiana

    I work as a Pharmacy Tech with a local, nationwide, pharmacy chain. My problem is with a pharmacist who supervises me. In November, I think she talked an employee into hitting me and knocking me out while I was working with her in the pharmacy. It was the other employees last day. He was arrested. The pharmacy has a video tape of the incident showing my supervisor doing nothing to help me when I was attacked by her friend. She also lied to them during the investigation of the incident by telling them that she didn't see a thing because she was "in the back." The video shows her standing right next to me when I was attacked.

    Now, a couple of months later, I am afraid to work her because she might hurt me. She attacks me verbally daily by demeaning me and using foul language. I make sure that I stay within the scope of the store camera because at least if she hurts me, there will be a record of it. She yells at me in front of customers and other employees. I voiced my concerns with both the Pharmacy Manager and Human Resources. The pharmacist has a long history of mistreationg others verbally. My manager tells me to be patient, "that this may be all they need to fire her." They have sympathy for me. My problem is that I am still scheduled to work with this supervisor.

    To complicate matters, I have witnesser this supervising pharmacist giving out controlled substances to people without a precription. I have reported this to HR an my pharmacy manager, too. HR did not write down this complaint as it was not in the transcript of my complaint.

    I am a college student and a stellar employee. I do not have problems with anyone else in my work envirionment. I have consitantly gotten raises and great reviews. I have figured out that if I bring her coffee or lunch when I come into work, my supervisor treats me better.

    Do I have any recourse? What should I do? I pay all my college expenses, need the money, and cannot afford to be out of work.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: I Am Afraid My Supervisor is Going to Physically Hurt Me

    Consult an attorney. Assaulting an employee, at least in my state, is an "intentional tort" imputed to the employer, meaning THEY are liable.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: I Am Afraid My Supervisor is Going to Physically Hurt Me

    Quote Quoting BOR
    View Post
    Consult an attorney. Assaulting an employee, at least in my state, is an "intentional tort" imputed to the employer, meaning THEY are liable.

    Oh, by intentional tort, here, assault, I mean one committed "outside" the "scope of employment", so case law controls if an employer will also be liable.

    I believe I am correct on my state law, however, if you wish to sue your employer under any any vicarious liability/respondeat superior theory, you need to have an attorney look into it.


    Very best wishes.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I Am Afraid My Supervisor is Going to Physically Hurt Me

    Respondeat superior refers to an employer's liability for the acts of an employee that occur within the course and scope of employment, so an intentional tort by the employee typically will not fall under that doctrine.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: I Am Afraid My Supervisor is Going to Physically Hurt Me

    I apologize in advance for not having the time to do my own research...

    Aaron and BOR...

    If she knows that the pharmacist is giving out controlled substances without a scrip AND (this is a big AND) has proof, shouldn't she be calling the local police and/or board of pharmacists...

    On another note, I have heard this type of issue more and more... because there is such a critical shortage of pharmacists right now, bad apples are getting away with bloody murder....

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