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my manager assulted me and we both got fired Michigan

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  • my manager assulted me and we both got fired Michigan

    On July 4th at work I was accused of leaving some dirty pans by a co-worker and a manager when I told them who actually left the dirty pans my co-worker said to me "don't talk like that to me bit**, with pure hatred in his voice and with a stare to remember.( Six or seven months ago this co-workers attitude towards me started degenerating unprovoked).At this time I lost it and cursed him back.When I caught myself I apologized immediately.Mind you the manager is listening to all of this and says nothing,but he is aware of the fact that this man has displayed great dislikes for me in the past.At this time I say to my mgr man you gotta get in between this.(My co worker is 22yrs.old 6' and weighs 185lbs, my mgr is 32 yrs. old 6'3" and weighs approx 345lbs.I am 55yrs.old 5'9" and 265lbs)Because I don't know this mans frame of mind,plus he has in the past thrown a towel viciously into my face which the mgr knows about. My mgr says to me if you two fight, you fight and both loose your jobs so fight and loose your jobs.I work at a pizza parlor,franchise.At this time I decided to call the owner and tell him the problem since I wasn't going to get any where with the mgr. So while on my next delivery I called the owner and told him the incident between my co-worker and myself.At this time he asked me why I called him and said "you have a mgr there to tell him".I then related the conversation between the mgr and my self.At this time the owner hung up and I went back to the parlor.When I got back my mgr went crazy on me and started pushing his chest into me pushing me backwards into boxes until he couldn't push me back any farther.At this time he grabbed my shirt by the collar and ripped the shirt all the way down.At this time I grabbed my mgr basically to hold on to keep from being thrown to the floor. Mind you all this is caught on store security. After this incident I went to the other store and told the owner what happened.At this time he called corp. I assume corp tapped into our stores video feed and looked at the incident,the owner came back to me and politely said "I need you to leave my store and pick your check up on Wednesday. He then shortly afterwards went to the other store gave the mgr a good tongue thrashing and fired him also.Do I have any legal recourse's to regain my job or any punitive damages?
    Last edited by Mr,Willie; 07-08-2011, 02:43 PM.

  • #2
    It is quite common, and quite legal, for an employer to fire both participants in a physical confrontation, no matter who started it. So no, you have no grounds to force your employer to hire you back or pay you any damages, punitive or otherwise.

    You are free to make a complaint to the police about what the manager did.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agree, you have no recourse against your employer. Your employer did not
      do anything illegal.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        The above posters are spot on with respect to contacting the police. I would respectfully add that you consult with a local attorney to explore a possible civil claim against the employer.

        One salient question to explore is whether the company should have known that the manager had a propensity to assault subordinates. I have worked on and otherwise observed cases in which a supervisor who had engaged in criminal behavior has, in fact, committed similar misconduct beforehand. For example, if this manager assaulted or threatened other subordinates beforehand, then the owner may have breached his/its duty not to continue to employ him in supervisory position. Or, if the manager has a prior conviction for violent misconduct, then said conviction should have apprised the owner not to hire him at all, much less put him in a supervisory position.

        Of course, you do not state in your post whether he has been violent with other employees. The way you describe the manager, though, he sounds like a combustible jerk and bully. In my experience, misconduct of this stripe does not occur out of the blue. I suspect this is not the initial occasion in which he has manhandled someone who upset him. You were not “his first.”

        Again, talk to a lawyer. And, talk to the detective or other police officers who investigate your criminal complaint. You may very well learn he has engaged in this type of abuse beforehand.

        On a related note, discuss with your prospective attorney whether the company is “vicariously liable” for the manager’s misconduct since he was acting as its “agent.” Depending on the law in your state, the company may be liable for his actions because he was acting on behalf of the company, irrespective of whether he has previously assaulted others in the past.

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