What should I do if my employer assaulted me at work?

Out of rage, my employer struck me in the face at work. There has been similar behavior in the past. The police were called and a report was filed. The officers said that the charges would likely stick. Should I seek some sort of civil action against my employer as well? Would I need an employment lawyer or a personal injury lawyer for a case like this?

Share |

Answered By: Law Office of Joshua Pond

You should certainly seek the help of a civil attorney. The criminal arena is aimed at punishing crime and protecting the community, but will often do very little to assist you personally. If you want to be made as whole again as is likely possible, the civil route is the better route to do so.

Answer Applies to: Oregon
Replied: 11/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Kevin E Parks

Whether or not you pursue a civil claim is up to you. Just because your employer might be held criminally liable for an act doesn't necessarily mean there's a good basis for you to pursue a lawsuit. But that said, there may well be any number of perfectly valid causes of action here, it's simply a matter of evaluating the facts and looking at the damage aspect of the situation. The answer to what type of lawyer you'd need, then, depends on what type of damages may have resulted from the incident(s). If you've been physically injured in some way, then a plaintiff's personal injury attorney is likely your best bet. If it's more along the lines of feeling threatened at work, or feeling insecure in your ability to maintain your job, then a plaintiff's employment attorney is more what you'd likely need.

Answer Applies to: Oregon
Replied: 11/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Josh Lamborn, P.C.

You will probably want to consult with both an employment lawyer and a personal injury lawyer. If your employer has sufficient assets to cover your injuries plus a sizable award for pain and suffering and possibly punitive damages you may want to choose to pursue a personal injury lawsuit against him. First, you will want to proceed with the criminal case however, because if your employer is convicted of assaulting you, your civil case gets that much easier. Having said that, do not wait to consult with a personal injury lawyer that specializes in representing crime victims. If you wait too long you could blow the statute of limitations (2 years in OR). Also, when I represent crime victims I often represent them during the criminal case to shepherd them through the criminal justice system and ensure that their rights as a crime victim under the Oregon Constitution are enforced. This also allows me to stay abreast of the case so that when and if there is a civil suit I already know all of the facts and have a plan for how to proceed on the case. Finally, participating in the criminal case can result in a negotiation of the civil case along with the criminal case.

Answer Applies to: Oregon
Replied: 11/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.