Assaulted by my manager, then told to "get the #@$# out!"

[SkiCoach]

What is the name of your state (only U.S. law)? Oregon

This is a long first post, but I tried to cover as much as I could. Thanks in advance if you're patient enough to read through it all.

I had been at work for about 15 minutes when my manager came in and started accusing me of clocking in and then leaving with the company vehicle to take care of personal business. This was not true and I told him that I had taken the vehicle home the night before because my car was blocked by trucks loading in front of the enclosed area where I parked my car. I went straight home and came to work at my usual time the next morning. This was an isolated incident.

My manager went ballistic and started screaming at me so I moved away and went to my desk, where he continued to scream at me, using all kinds of profanity. He was blocking the doorway so I could not get away from him without brushing against him, as he would not let me pass through the door. In a rage, he lunged at me, grabbed my shirt and ripped it in his grip and told me to get the "blank" out of here! There was no one else in the office at the time.

I was shaken and confused and left the office to go to my car. I realized I left my jacket and keys at my desk so returned to get them. As I approached the office, an armed security officer was also walking towards the office, where my manager was standing, behind locked doors. My manager unlocked the doors and peeked out, instructing the officer to "remove this man from the premises. He is not allowed here!" I explained that I needed my car keys so the officer walked me outside, told me to wait and he would return with my keys momentarily. The officer came back shortly with my keys and I drove straight home.

Shortly after I arrived home, I called police to report an assault (by my manager) and spoke with a city police officer. The officer suggested I call my company's HR representative and tell them what just happened, which I did as soon as I finished filing the assault report. Later, the officer also made contact with the company representative, as well as my manager and got their side of the story. Basically, the company sided with the manager and I was told to collect the rest of my personal belongings, as well as return any company items, such as keys, etc. The officer asked the company representative if there had ever been any problems with me in the past or if they planned on firing me. The company representative said, no, but after the incident, I was indeed fired.

I filed for unemployment, which was initially denied because the company claimed that I had quit voluntarily. I had to submit a statement from the police officer about the conversation with the company representative before my unemployment claim was released.

First, they say I'm fired, then they deny my unemployment benefits? I was very confused!

I was advised by OSHA and BOLI to file claims with each of their organizations, which I have. OSHA has closed their report because my manager no longer works for the company (he retired), so they consider the problem resolved since the threat has been removed. BOLI is backlogged many months so I don't know what their investigation will reveal.

I believe I was fired because my manager lost his temper and I defied him by trying to remove myself from his threatening behavior.

Do I sue the employer for not investigating? Or do I sue my former manager for the assault? Both?

TIA

 

[adjusterjack]

You are free to talk to a lawyer but I don't where you have any grounds for a lawsuit (other than for the used value of your torn shirt).

You were not injured.

You ultimately collected unemployment.

It's up to the authorities whether to prosecute the assault. If they don't, they don't.

Again, talk to an attorney if you like. There isn't likely to be any money in it for an attorney to work on contingency so you will have to pay fees with little or no chance of success.

Sorry, but sometimes things happen in life for which there are no lawsuits.

 

[cbg]

Please post a link to the law that requires the employer to conduct an investigation.

 

[commentator]

I filed for unemployment, which was initially denied because the company claimed that I had quit voluntarily. I had to submit a statement from the police officer about the conversation with the company representative before my unemployment claim was released.

First, they say I'm fired, then they deny my unemployment benefits? I was very confused!


No need for confusion. It's all about profit for the company. When you receive unemployment insurance, it costs the company money. Therefore they are not the ones who get to say whether or not you receive benefits, and if your manager fires you out of hand like that, they are very likely not to tell the truth about it, and there'll be an investigation and appeals, but you are very likely to be approved for unemployment benefits, even if it takes some time and a couple of appeals. This is really pretty much your only recourse in this situation.

What you do is move on. Find another job before your unemployment runs out, which it will in a short time, whether you have found another job or not. How long had you worked for this company? Pick out everything good you've gotten from this job, all the skills, duties, experience you had while working there, and say nothing negative about why you are no longer working there. A light touch on "had a disagreement with a supervisor" is as deep as you ever would need to go and that only if pressed. The very worst thing you can do for yourself is spend a lot more time at this point talking about it, thinking about it, consulting lawyers and trying to figure out how to make them "pay for what you've gone through" as those daytime tv lawyers say in their commercials.

Most people don't really understand just how few rights and protections they have in the workplace until something like this happens, but what has happened is pretty much okay with the labor laws. In working with unemployment, I cannot tell you how many times I have heard similar stories from former employees whose supervisors have simply gone off and acted unprofessionally. struck them, thrown things at them, cursed them out, fired them without an investigation and for no good reason.

Thank heavens you did pursue this assault with the police, though it came to nothing in the long run. It demonstrated that you would not accept being bullied in this manner and that's what always needs to happen. While there is nothing illegal about their bullying and falsely accusing you, I'm glad you dealt with it directly when he laid hands on you. I would suspect, though you'll never know, that the company may have encouraged that manager to retire.

But sadly for your side, no charges were pressed, nothing illegal happened. I do not see where there would be the slightest occasion for a lawsuit on your part against your company, simply because they did nothing illegal as a company. Your manager's physical assault was the only thing that you could file a complaint with law enforcement about, which you did.

I do not see where an OSHA (unsafe workplace) case would be appropriate, if the only possibly unsafe element in the workplace is now gone, and I do not see that any labor laws were violated. You are in an "at will" state, and you were terminated by your supervisor who had apparently lost his "how to act professional" marbles that day, but was still acting as representative of the company. He was supported by the company HR, you were fired, no investigation required before the firing. No lawsuit possible because they didn't agree immediately to your being approved for unemployment. Just move on, find something else soon and put this whole negative mess behind you.

 

[SkiCoach]

Few rights

Thank you so much for the thoughtfully written reply.

I did discover that there are few laws protecting employees and of those few, they are difficult to enforce.

I had worked there nearly two years and was well-liked by my peers. I've had difficulty finding a long-term job (been on a contract job that lasted 4months and that ended).

I'm nearly 60 so it's getting more difficult to compete with younger applicants.

You are probably right in that I should let it go. Just so upsetting to be wronged and have no protection under the law while the company turns a blind eye.

Thank you again.