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Plese dont touch me, thanks! Florida

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  • Plese dont touch me, thanks! Florida

    Not so long ago, in a retail setting, I experienced the following.. A co-worker of mine came from behind me and put me into a restrained position. At the time, I was engaged in a non-violent, verbal disagreement with a coustomer. This co-worker was my subordinate, also no one instructed him to use physical action against me. Everything is in writing, and on camera. My question is, if I feel violated, who's legal responsibility is this? My co worker? My employer?? Any Ideas would be appreciated

  • #2
    Were you harmed? How can you blame employer for the unwise actions of a co worker?
    http://www.parentnook.com/forum/

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    • #3
      Yes I was harmed, without going into too much detail.... That being said, I would place blame on my employer in just the same way they would place blame on me, if this situation was reversed.

      Comment


      • #4
        Explain ho wits your employers fault a co worker grabbed you and harmed you? In meantime if you feel you must act start calling Attorneys
        http://www.parentnook.com/forum/

        Comment


        • #5
          Your co-worker is responsible. Did you call the police? Technically this is assault and battery, even if you weren't seriously hurt. What do you want to happen from this?
          I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

          Comment


          • #6
            This is where it gets a bit crazy. My employer is responsible (in my opinion), because she used this incedant against me, so I would be denied unemployment, which I was. My employer claimed "he(me) had to be physically removed from the sales floor". During my appeal, the individual who assulted me said NO ONE told him to take action. I do think it would be appropriate to seek some sort of legal action here because, 1. My employer was dishonest, under oath during my appeal. 2. My employer is obligated to provide a safe working atmosphere, not encouraging inappropriate conduct with written statments as if to justify it.

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            • #7
              Good luck wth that
              http://www.parentnook.com/forum/

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              • #8
                Whatcha think ??

                Thanks for the good luck wish panther, I guess what I am asking is opinions of if this is worthy of an attoroneys time ? and my money. Anyone??

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                • #9
                  In my view no its not. However a free consultation cost you nothing
                  http://www.parentnook.com/forum/

                  Comment


                  • #10
                    Originally posted by George100 View Post
                    Yes I was harmed, without going into too much detail.... That being said, I would place blame on my employer in just the same way they would place blame on me, if this situation was reversed.
                    How were you harmed?

                    By the way, embarrassed or hurt feelings don't count.

                    What expenses or damages, in dollars, were you out due to this incident?
                    Not everything that makes you mad, sad or uncomfortable is legally actionable.

                    I am not now nor ever was an attorney.

                    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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                    • #11
                      The damages owed would be unemployment I did not recieive. I was making over 13 $$ an hour(not bad for florida). Also I feel I was harmed because my subordinate without permission, or reason, restrained me. In my company's report, to unemployment, it was written to sound as if I had to be restrained. The harm woul be in my opinion, that I was described as the aggressor. In the appeal (on tape), the touchy feely individual was asked if I threatened anyone, he replied "no". I feel that my reputation is in the can if I were to go back. I feel harm can go beyond physical.. Whatcha think??

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                      • #12
                        Originally posted by George100 View Post
                        The damages owed would be unemployment I did not recieive. I was making over 13 $$ an hour(not bad for florida). Also I feel I was harmed because my subordinate without permission, or reason, restrained me. In my company's report, to unemployment, it was written to sound as if I had to be restrained. The harm woul be in my opinion, that I was described as the aggressor. In the appeal (on tape), the touchy feely individual was asked if I threatened anyone, he replied "no". I feel that my reputation is in the can if I were to go back. I feel harm can go beyond physical.. Whatcha think??
                        You're still not due any damages.

                        You explain the situation to the unemployment office. If they want to investigate, they can subpoena the tapes. If they agree with you, you'll get UI, so no harm was done. If they agree with the employer, then you're not due anything.

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                        • #13
                          How about assault and battery at work, by another employee, where saftey is high priority? Especially since it seemed to be authorized for no reason?..... Or is it still the UI song and dance?

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                          • #14
                            Originally posted by uns007
                            Now days its almost impossible to prove discrimination...especially in Florida
                            And what does that opinoin have to do with the question asked?
                            HOOK 'EM HORNS!!!
                            How do you catch a very rare rabbit?
                            (unique up on him)
                            How do catch an ordinary rabbit?
                            (same way)

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                            • #15
                              Originally posted by George100 View Post
                              The damages owed would be unemployment I did not recieive. I was making over 13 $$ an hour(not bad for florida). Also I feel I was harmed because my subordinate without permission, or reason, restrained me. In my company's report, to unemployment, it was written to sound as if I had to be restrained. The harm woul be in my opinion, that I was described as the aggressor. In the appeal (on tape), the touchy feely individual was asked if I threatened anyone, he replied "no". I feel that my reputation is in the can if I were to go back. I feel harm can go beyond physical.. Whatcha think??
                              You told your side of the story at the UC hearing, your employer told their side. The State believed your employer. That's the end of that.

                              Regarding the restraining incident, you still haven't indicated you have any damages - i.e. you didn't end up at the hospital with any injuries. My employer is obligated to provide a safe working atmosphere, not encouraging inappropriate conduct with written statments as if to justify it. No, they're not.

                              You can press criminal charges against the individual who restrained you and potentially sue him if you were harmed but that's it. You have no claim to make against your employer.

                              Comment

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