Physically assaulted by boss, any recourse?

[Tunnerrocks]

What is the name of your state (only U.S. law)? Michigan
Me and my fiance currently work at a hotel in northern Michigan, we tend to do housekeeping, front desk, laundry, and maintaince. Our boss tends to be home a lot, and isn't around so we tend to pick up his slack, and doing so we give ourselfs a little leeway, for example I worked 4 days a week, and he worked 5, with us being at the same rate, and no overtime would be accumulated, we assumed it wouldn't be a problem to switch that extra day each week. We've been doing this for awhile until today he came by and started yelling at me saying "why are you here? it should be ****!" and so on. I tried to explain it wouldn't make a difference as we were interchangable, and anyways he told me to "get the *** out!" so being full of adrenaline I simply walked out to leave, not clocking out, or grabbing my belongings. My fiance then comes to pick me up, and went in to grab my things, and clock me in and out (they are handwritten) as he is doing so he accidently put down the wrong time (we always clock out at 10, and i left at about 7:45), and as he was fixing it my boss grabs it out of his hands and throws it away yelling about stealing from him, he even went as far as slamming the exterior door shut and saying he'd call the cops. Next thing I notice (I was sitting in the car) is them coming out and screaming, so I stick my head out and yell at him "thanks for the car!," obviously in a mocking tone (the car is a long story, but it is legally in our name now.) he comes over and kicks my car (if I hadn't closed the door I'm sure he'd of hit me). I get out as he is running back into the hotel and go and pound on the door and window, and as I'm getting back to my car he comes out and flat out kicks me. There is no bruises, or any physical harm, but there was numerous guests there that witnessed it. I immediately called the cops, and we get it settled, I got a copy of my time sheet, and I declined to press charges (although now I regret that). I just filled for unemployment due to being fired, and for no reason given other than "get out." Is there any other recourse I can take out against him? Can I still press charges? Any idea on the matter is appreciated. Would the hotel chain have any interest in this?

Over the summer I was also gimmicked into getting paid the regular rate under the table instead of the overtime rate, simply because my boss brought it up, and I wasn't really wanting to be without a job if i said no.

 

[cbg]

You called the cops. Your opportunity to take any action was then. If you failed to take it, that's the ball game. With no injuries or medical bills to pay you're not going to get a do-over.

You are free to call your state DOL about any overtime you think you may be due or any wages that were not paid.

You have not won the lawsuit lottery and if you attempted it I'm not sure you'd come out of this looking any better than the boss.

 

[commentator]

There are no laws pertaining to employment in particular that specify how a boss is to treat an employee on the job except for certain EEOC regs, OSHA regs, etc. Nothing makes you a case just because the guy who assaulted you was your employer. If you didn't press charges against him at the time as an individual who attacked you, another individual, that ship has sailed.

As far as unemployment goes, you did the best possible thing, which was leave the premises as soon as the assault occurred. A physical assault by your employer is often one of the few really good work related reasons to quit a job as far as unemployment benefits are concerned. Don't clog up the information system by telling them everything this jerk has ever done to you from the beginning of recorded history. Keep your unemployment claim pretty much related to the assault.

You will, of course, maintain that you were fired, and not that you quit. He will probably try to say you quit your job without a valid reason. Unemployment will take statements from both of the parties involved and determine which one is most believable. Don't be surprised, even if you are approved, if the employer appeals and requests the second hearing. He has the right to do this and probably will. In any case, stick to your story, and do not bring up too much. They'll be able to sort out the whys and wherefores, as long as this was a covered employer and he was paying in unemployment taxes on your legally. If not, that might make another problem, but hopefully, you do have a claim for benefits. They are your only recourse.

That he may have changed your hours or paid you incorrectly in the past or tried to get you to work off the clock, or tried to pay you with a car (do not even go into this kettle of fish with the unemployment claim!) is not relevant to the reason you quit /were fired from your job and whether or not you had a valid, job related reason to leave the job without trying to work the situation out, having exhausted all reasonable alternatives. First he told you to leave. Then the man lost it, and physically assaulted you. You called the police. You left the premises, as he had told you to do. You no longer work for him.

I don't care if you left your precious grandmother's handmade picture frames or your firstborn child on the job site, Do not go back and argue, threaten or have any dealings with this employer yourself from this point on. Either you or your husband. Many times in these sorts of situations, there's such a co dependent sort of mess going on that the boss punches you in the face in October, and you're back working for him in February. And then when it happens again, or he screws with you in some other way, you can't come up then and say, "But he punched me in the face last October!" and have that have any bearing on your unemployment approval or denial at that time. Past actions that you did not respond to by immediately quitting the job are NOT related to your current chances of being approved for unemployment, and unemployment benefits are your and your husband's only alternative in this situation.

If not them, then nothing much, maybe later some back wages, if you call wage and hour and they investigate and determine there was incorrect payment for overtime. This would be a very long shot and would take a very long time to shake out.

Be sure while you are waiting for a decision on your unemployment that you continue to make weekly eligibility certifications as you are instructed, so that if and when your claim is approved, you will be able to be backpaid from the date you began filing. Unemployment is short term, and you will need to begin looking for other jobs immediately as they'll instruct you.

 

[LdiJ]

There are no laws pertaining to employment in particular that specify how a boss is to treat an employee on the job except for certain EEOC regs, OSHA regs, etc. Nothing makes you a case just because the guy who assaulted you was your employer. If you didn't press charges against him at the time as an individual who attacked you, another individual, that ship has sailed.

As far as unemployment goes, you did the best possible thing, which was leave the premises as soon as the assault occurred. A physical assault by your employer is often one of the few really good work related reasons to quit the job as far as unemployment benefits are concerned. Don't clog up the information system by telling them everything this jerk has ever done to you from the beginning of recorded history. Keep your unemployment claim pretty much related to the assault.

That he may have changed your hours or paid you incorrectly in the past or tried to get you to work off the clock, or tried to pay you with a car (do not even go into this kettle of fish with the unemployment claim!) is not relevant to the reason you quit your job and whether or not you had a valid, job related reason to quit the job without trying to work the situation out, having exhausted all reasonable alternatives to quitting. The man lost it, and physically assaulted you. You called the police. You quit the job, left the premises. You no longer work for him.

I don't care if you left your precious grandmother's handmade picture frames or your firstborn child on the job site, Do not go back and argue, threaten or have any dealings with this employer yourself from this point on. Either you or your husband. Many times in these sorts of situations, there's such a co dependent sort of mess going on that the boss punches you in the face in October, and you're back working for him in February. And then when it happens again, or he screws with you in some other way, you can't come up then and say, "But he punched me in the face last October!" and have that have any bearing on your unemployment approval or denial at that time. Past actions that you did not respond to by immediately quitting the job are NOT related to your current chances of being approved for unemployment, and unemployment benefits are your and your husband's only alternative in this situation.

If not them, then nothing much, maybe later some back wages, if you call wage and hour and they investigate and determine there was incorrect payment for overtime. This would be a very long shot and would take a very long time to shake out.

Be sure while you are waiting for a decision on your unemployment that you continue to make weekly eligibility certifications as you are instructed, so that if and when your claim is approved, you will be able to be backpaid from the date you began filing. Unemployment is short term, and you will need to begin looking for other jobs immediately as they'll instruct you.

I think I would have to disagree with the bolded part.

 

[commentator]

You wouldn't believe what I've seen and heard!