I'm just a patsy!
December 14, 2010 5:31 PM Subscribe
Work-place drama filter: My team lead has claimed I assaulted him. I didn't do it. It's my word versus his. Help!
There has been tension building between me and my team lead since I took a position with my company 4 months ago. We are the only two employees (we're contractors) who work at a remote site with a large government organization.
The details aren't important, but basically he decided not to communicate with me from day one. I believe this is due to my being considered for the lead position when I was hired, which he took as an insult - this much he has told me. He has failed to orientate me to the workplace, give me guidance/advice on anything, and simply will not communicate, even to pass along information.
Cue to last Friday, as we were returning from a business trip. In the airport, he suddenly got very close to me - toe-to-toe is an apt description - and began to dress me down for my "attitude". He then walked away, leaving me momentarily stunned.
Trying to nip this in the bud, I followed and called his name. I grabbed his shoulder to indicate I was trying to get his attention. He pushed my hand away and continued walking. The next day he filed a complaint with our boss, claiming I assaulted him.
Today was my sit-down with our boss. From what was said, it seems I am viewed as the bad guy. I know what I didn't do. The boss wants to continue this conversation tomorrow. I'm starting to worry that I am being set-up to be fired for cause.
Could really use some advice. Understand that details are scarce, but what would you do if you were falsely accused and it appeared that the accusation was believed?
More info: work in California, as a salary-exempt employee, and there are no known witnesses.
There has been tension building between me and my team lead since I took a position with my company 4 months ago. We are the only two employees (we're contractors) who work at a remote site with a large government organization.
The details aren't important, but basically he decided not to communicate with me from day one. I believe this is due to my being considered for the lead position when I was hired, which he took as an insult - this much he has told me. He has failed to orientate me to the workplace, give me guidance/advice on anything, and simply will not communicate, even to pass along information.
Cue to last Friday, as we were returning from a business trip. In the airport, he suddenly got very close to me - toe-to-toe is an apt description - and began to dress me down for my "attitude". He then walked away, leaving me momentarily stunned.
Trying to nip this in the bud, I followed and called his name. I grabbed his shoulder to indicate I was trying to get his attention. He pushed my hand away and continued walking. The next day he filed a complaint with our boss, claiming I assaulted him.
Today was my sit-down with our boss. From what was said, it seems I am viewed as the bad guy. I know what I didn't do. The boss wants to continue this conversation tomorrow. I'm starting to worry that I am being set-up to be fired for cause.
Could really use some advice. Understand that details are scarce, but what would you do if you were falsely accused and it appeared that the accusation was believed?
More info: work in California, as a salary-exempt employee, and there are no known witnesses.
Document everything, including your feelings and interpretations of everything (e.g. "At the time, I was thinking XYZ," and "I was feeling very stressed when I learned...").
Get a lawyer.
Airports have security footage that you can retrieve via request or subpoena.
Unfortunately, California employment is largely at-will, so you can be fired for any number of reasons, including "we just don't like you." So, be prepared for this to turn ugly.
posted by Cool Papa Bell at 5:41 PM on December 14, 2010 [10 favorites]
Get a lawyer.
Airports have security footage that you can retrieve via request or subpoena.
Unfortunately, California employment is largely at-will, so you can be fired for any number of reasons, including "we just don't like you." So, be prepared for this to turn ugly.
posted by Cool Papa Bell at 5:41 PM on December 14, 2010 [10 favorites]
It may be worth acquainting yourself with what assault actually means in the location you are in. Usually "assault and battery" is a combination of terms used in the US where assaulting is the threat and battery is the act. I am oversimplifying and I am not a lawyer. You shoud get a lawyer because it's likely that this is not as false an accusation as you seem to think it is. That said, if there are details you are leaving out -- the other guy said you actually injured him or threatened him or did anything other than you claim -- they may be important.
posted by jessamyn at 5:42 PM on December 14, 2010 [11 favorites]
posted by jessamyn at 5:42 PM on December 14, 2010 [11 favorites]
"Trying to nip this in the bud, I followed and called his name. I grabbed his shoulder to indicate I was trying to get his attention. "
Rethink that part f the explanation because it doesn't make sense in the situation. I just sounds like you got mad and grabbed at him.
posted by bonobothegreat at 5:43 PM on December 14, 2010 [5 favorites]
Rethink that part f the explanation because it doesn't make sense in the situation. I just sounds like you got mad and grabbed at him.
posted by bonobothegreat at 5:43 PM on December 14, 2010 [5 favorites]
IANAL, but it may just be that touching someone in any unwanted way can be construed as assault. In the future I'd really be careful about touching anyone at work during a negative interaction.
If he was 'toe-to-toe' with you, he may have been violating some rule, too, though. That sounds very close.
posted by threeants at 5:52 PM on December 14, 2010 [2 favorites]
If he was 'toe-to-toe' with you, he may have been violating some rule, too, though. That sounds very close.
posted by threeants at 5:52 PM on December 14, 2010 [2 favorites]
Lawyer, now. There is no other correct answer. I would go to work tomorrow (so that they can't fire you for unauthorized absences), but tell your boss that you cannot have any further conversations about this matter without your attorney present. Absolutely do not talk about this with anyone other than your attorney unless your attorney tells you to.
posted by decathecting at 5:53 PM on December 14, 2010 [8 favorites]
posted by decathecting at 5:53 PM on December 14, 2010 [8 favorites]
I had a previous employer hold my arm, preventing me from leaving and speak menacingly and directly in to my face. It was very intimidating and considered assault. We're both women and she was much shorter than me.
I was very, very distressed and had nightmares about it for a very long time afterwards....(This account all the workplace bullying that came with it.. so sounds a bit sooky, but believe me, it was assault and scary as hell.)
posted by taff at 5:54 PM on December 14, 2010 [1 favorite]
I was very, very distressed and had nightmares about it for a very long time afterwards....(This account all the workplace bullying that came with it.. so sounds a bit sooky, but believe me, it was assault and scary as hell.)
posted by taff at 5:54 PM on December 14, 2010 [1 favorite]
Yeah, I can't imagine anything but a lawyer is going to help you at this point. Hell, as others have pointed out it isn't even clear that you've been "falsely accused" as you put it in your question. Grabbing his shoulder may be enough. Or it may not be. I'm not a lawyer.... and that's why you need one unless you're prepared to accept being fired for cause.
If this really got ugly there may be a witness; the security cameras at the airport. But that would require a lawyer.
posted by Justinian at 6:14 PM on December 14, 2010
If this really got ugly there may be a witness; the security cameras at the airport. But that would require a lawyer.
posted by Justinian at 6:14 PM on December 14, 2010
Yeah, get a lawyer and fast. In Virginia, the simple act of grabbing someone's arm can be considered assault (I know this from experience from a victim standpoint).
posted by MaryDellamorte at 6:21 PM on December 14, 2010 [1 favorite]
posted by MaryDellamorte at 6:21 PM on December 14, 2010 [1 favorite]
Nthing the "get a lawyer" advice.
IAN[yet]AL and this is not legal advice: There may or may not be sufficient evidence to bring criminal assault charges against you, but based on your account of the event, your team lead could easily show a prima facie case of tort battery, and file a civil suit. He would have to show that you committed a volitional act (grabbing his shoulder), with an intent to make contact (trying to get his attention); that you either knew or should have known that contact (physically touching him) would result; that the team lead found the contact harmful or offensive; and that the contact was a cause-in-fact of physical or nonphysical harm to him. Essentially, tort battery is a type of trespass -- specifically, a trespass against another person's bodily integrity.
I'm not saying that if he does sue, the case is open-and-shut. I am saying that he has sufficient grounds to file a civil complaint, which is why you want to get a lawyer as soon as possible. Not only can your lawyer evaluate your situation much better than we can here, but he/she can also give you legal advice, which -- again -- you cannot get from non-lawyers.
posted by bakerina at 6:24 PM on December 14, 2010 [1 favorite]
IAN[yet]AL and this is not legal advice: There may or may not be sufficient evidence to bring criminal assault charges against you, but based on your account of the event, your team lead could easily show a prima facie case of tort battery, and file a civil suit. He would have to show that you committed a volitional act (grabbing his shoulder), with an intent to make contact (trying to get his attention); that you either knew or should have known that contact (physically touching him) would result; that the team lead found the contact harmful or offensive; and that the contact was a cause-in-fact of physical or nonphysical harm to him. Essentially, tort battery is a type of trespass -- specifically, a trespass against another person's bodily integrity.
I'm not saying that if he does sue, the case is open-and-shut. I am saying that he has sufficient grounds to file a civil complaint, which is why you want to get a lawyer as soon as possible. Not only can your lawyer evaluate your situation much better than we can here, but he/she can also give you legal advice, which -- again -- you cannot get from non-lawyers.
posted by bakerina at 6:24 PM on December 14, 2010 [1 favorite]
IANYL, this is not legal advice and I don't practice in labor or criminal law. Definitely get a lawyer stat.
Assault does not mean what you think it means; it's a technical legal term (though the exact parameters vary by jurisdiction, from attempted battery, to threat of battery, and likely some where it's just a kind of battery). It does not simply mean "beat the crap out of."
Just as a word to the wise: NEVER TOUCH ANYONE AT WORK. Seriously.
Again, I am not your lawyer, and this is not legal advice; really sorry about your situation, but you need a competent lawyer in your jurisdiction like yesterday.
posted by Admiral Haddock at 6:33 PM on December 14, 2010 [5 favorites]
Assault does not mean what you think it means; it's a technical legal term (though the exact parameters vary by jurisdiction, from attempted battery, to threat of battery, and likely some where it's just a kind of battery). It does not simply mean "beat the crap out of."
Just as a word to the wise: NEVER TOUCH ANYONE AT WORK. Seriously.
Again, I am not your lawyer, and this is not legal advice; really sorry about your situation, but you need a competent lawyer in your jurisdiction like yesterday.
posted by Admiral Haddock at 6:33 PM on December 14, 2010 [5 favorites]
If all of this seems over-wrought, and it does, consider it good advice from this perspective: this guy may have been trying to get you fired from the get-go.
posted by gjc at 6:39 PM on December 14, 2010 [1 favorite]
posted by gjc at 6:39 PM on December 14, 2010 [1 favorite]
Very generally, when you are speaking about assault legally, assault is an act that puts someone in fear of an imminent battery. A battery is what involves unwanted touching. You don't have to touch someone at all, or go through with the actual battery, to commit assault. In other words if I drew back my fist that would be the assault, and if I punched you that would be the battery.
Depending on the law where you live, what you did could not only be assault but actually battery. What he did to you when he went "toe-to-toe" with you could be assault. Nthing to talk to a lawyer.
posted by Ashley801 at 7:00 PM on December 14, 2010 [2 favorites]
Depending on the law where you live, what you did could not only be assault but actually battery. What he did to you when he went "toe-to-toe" with you could be assault. Nthing to talk to a lawyer.
posted by Ashley801 at 7:00 PM on December 14, 2010 [2 favorites]
"...I grabbed his shoulder..."
For future reference: Don't touch people at work, especially people who already don't like you.
I think you're probably screwed here. Yeah, the guy overreacted, but you did touch him, and that can be blown up into all sorts of crap.
posted by Jacqueline at 7:42 PM on December 14, 2010
For future reference: Don't touch people at work, especially people who already don't like you.
I think you're probably screwed here. Yeah, the guy overreacted, but you did touch him, and that can be blown up into all sorts of crap.
posted by Jacqueline at 7:42 PM on December 14, 2010
This question has derailed. OP has not mentioned being sued or prosecuted, so legal definitions of "assault" are beside the point. That just happens to be the word the team lead used in complaining about him.
What the OP needs information about is not (what the state of California thinks about this interaction with the team leader) -- what she needs information about is (what the boss thinks about the interaction with the team leader), and potentially (what the state of California thinks about that boss's decision to fire or not to fire the OP).
posted by foursentences at 7:55 PM on December 14, 2010
What the OP needs information about is not (what the state of California thinks about this interaction with the team leader) -- what she needs information about is (what the boss thinks about the interaction with the team leader), and potentially (what the state of California thinks about that boss's decision to fire or not to fire the OP).
posted by foursentences at 7:55 PM on December 14, 2010
This question has derailed. OP has not mentioned being sued or prosecuted, so legal definitions of "assault" are beside the point.
It's pretty relevant because...
...what would you do if you were falsely accused and it appeared that the accusation was believed?
By the description of events, this is not a false accusation; technically a crime has been committed.
posted by Menthol at 7:59 PM on December 14, 2010 [4 favorites]
It's pretty relevant because...
...what would you do if you were falsely accused and it appeared that the accusation was believed?
By the description of events, this is not a false accusation; technically a crime has been committed.
posted by Menthol at 7:59 PM on December 14, 2010 [4 favorites]
As a legal matter, there's a decent chance that you committed the tort of battery (intentional unwanted touching). Maybe you weren't falsely accused -- the real question is whether his version of events is the same as yours, not the label attached.
The next question is whether that was appropriate work conduct and whether it's a for-cause fireable offense. You need to talk to a labor attorney about that.
What should you do? Try to make sure your version of events is understood and documented, both in terms of this particular incident and in terms of his pattern of behavior toward you and possible vendetta against you. There's really nothing you can do to prove your truth in a credibility dispute, but if he's had it out for you for a while and he is in fact lying about what actually happened, the fact that he's had it out for you can speak to his credibility somewhat.
posted by J. Wilson at 8:41 PM on December 14, 2010
The next question is whether that was appropriate work conduct and whether it's a for-cause fireable offense. You need to talk to a labor attorney about that.
What should you do? Try to make sure your version of events is understood and documented, both in terms of this particular incident and in terms of his pattern of behavior toward you and possible vendetta against you. There's really nothing you can do to prove your truth in a credibility dispute, but if he's had it out for you for a while and he is in fact lying about what actually happened, the fact that he's had it out for you can speak to his credibility somewhat.
posted by J. Wilson at 8:41 PM on December 14, 2010
As I understand it, here's the situation being presented to us.
1)The boss believes the team leader's false claim that the OP bodily attacked the team leader.
2) The OP's version of events, meanwhile is that the OP merely grabbed at the team leader (also completely inappropriate, I might add, but not nearly as bad).
We're getting bogged down in the fact that the first story is "assault" in the colloquial sense of the word while the second story is "assault" in certain legal senses of the word -- but what matters to the OP is (a) what the boss is likely to do next, and (b) whether, if fired for trumped-up cause, the OP will then have any remedy in labor law.
posted by foursentences at 8:42 PM on December 14, 2010 [2 favorites]
1)The boss believes the team leader's false claim that the OP bodily attacked the team leader.
2) The OP's version of events, meanwhile is that the OP merely grabbed at the team leader (also completely inappropriate, I might add, but not nearly as bad).
We're getting bogged down in the fact that the first story is "assault" in the colloquial sense of the word while the second story is "assault" in certain legal senses of the word -- but what matters to the OP is (a) what the boss is likely to do next, and (b) whether, if fired for trumped-up cause, the OP will then have any remedy in labor law.
posted by foursentences at 8:42 PM on December 14, 2010 [2 favorites]
State bar lawyer referral services. IANAL, can't recommend one.
Get a copy of your employee handbook, may also be on your employer's website. See what your obligations are, whether there are choice of law/arbitration provisions, appeal or dispute resolution procedures etc.
Look back over your email history, document when you started working with your colleague and whether your communications over the last 4 months show any pattern that tends to support or weaken your point of view. Don't download it (that's your employer's property), but you can refer to it to make a brief chronological outline of your employment relationship over the last few months.
That way you won't be wasting your attorney's time, and will be able to have an objective conversation with your boss rather than feeling you were put under a microscope. Where your boss and HR are concerned, only your attorney can advise you properly, but you can minimize emotional stress by bearing in mind that your boss and the HR department are paid to look after your employer's interests. If they decide the company can afford the liability costs of a wrongful termination suit but not those of a workplace harassment suit, then cutting you loose may be the right thing for them to do - not by you of course, but by their obligations to your employer. It's possible that the company is vulnerable to your colleague's sort of complaint for reasons that have absolutely nothing to do with you (eg they lost a lawsuit recently involving similar circumstances in a completely different department).
Same thing with the company's lawyers if you meet them. They're not there to say what the law is or what your rights are, they're there to say what the company's official legal position is, whether or not it makes sense. Their decision reflects the company's situation, not their feeling about you. So if the worst happens and they fire you, don't argue or even have a chat about it. Just learn as much as you can, keep calm and be polite, stick with purely informational/ logistic questions and make sure you get everything in writing. Don't sign anything your lawyer hasn't seen yet, of course.
By the description of events, this is not a false accusation; technically a crime has been committed.
(pedantFilter) The slightest touch can be simple battery in California, but it does require that a reasonable person would consider the touch harmful or offensive...that's rather a stretch here. Although it's not exactly on point, theres an ongoing debate in CA jurisprudence about whether or not assault requires specific intent. The court has said not, while Justice Kennard vigorously argues otherwise, most recently here. Battery appeals usually seem to focus on whether or not a sufficient level of harm resulted, rather than on the forseeability of its offensive nature.
posted by anigbrowl at 9:55 PM on December 14, 2010
Get a copy of your employee handbook, may also be on your employer's website. See what your obligations are, whether there are choice of law/arbitration provisions, appeal or dispute resolution procedures etc.
Look back over your email history, document when you started working with your colleague and whether your communications over the last 4 months show any pattern that tends to support or weaken your point of view. Don't download it (that's your employer's property), but you can refer to it to make a brief chronological outline of your employment relationship over the last few months.
That way you won't be wasting your attorney's time, and will be able to have an objective conversation with your boss rather than feeling you were put under a microscope. Where your boss and HR are concerned, only your attorney can advise you properly, but you can minimize emotional stress by bearing in mind that your boss and the HR department are paid to look after your employer's interests. If they decide the company can afford the liability costs of a wrongful termination suit but not those of a workplace harassment suit, then cutting you loose may be the right thing for them to do - not by you of course, but by their obligations to your employer. It's possible that the company is vulnerable to your colleague's sort of complaint for reasons that have absolutely nothing to do with you (eg they lost a lawsuit recently involving similar circumstances in a completely different department).
Same thing with the company's lawyers if you meet them. They're not there to say what the law is or what your rights are, they're there to say what the company's official legal position is, whether or not it makes sense. Their decision reflects the company's situation, not their feeling about you. So if the worst happens and they fire you, don't argue or even have a chat about it. Just learn as much as you can, keep calm and be polite, stick with purely informational/ logistic questions and make sure you get everything in writing. Don't sign anything your lawyer hasn't seen yet, of course.
By the description of events, this is not a false accusation; technically a crime has been committed.
(pedantFilter) The slightest touch can be simple battery in California, but it does require that a reasonable person would consider the touch harmful or offensive...that's rather a stretch here. Although it's not exactly on point, theres an ongoing debate in CA jurisprudence about whether or not assault requires specific intent. The court has said not, while Justice Kennard vigorously argues otherwise, most recently here. Battery appeals usually seem to focus on whether or not a sufficient level of harm resulted, rather than on the forseeability of its offensive nature.
posted by anigbrowl at 9:55 PM on December 14, 2010
This advice is against the grain - but here I go anyway.
If you are in an at-will employment state, they can fire you with or without a lawyer.
If your higher up boss is trying to smoothe things over, lawyering up might have the effect of making you appear to be less cooperative with the boss's efforts.
I would say, document everything, but try to work it out on your own for now.
posted by Flood at 5:18 AM on December 15, 2010 [1 favorite]
If you are in an at-will employment state, they can fire you with or without a lawyer.
If your higher up boss is trying to smoothe things over, lawyering up might have the effect of making you appear to be less cooperative with the boss's efforts.
I would say, document everything, but try to work it out on your own for now.
posted by Flood at 5:18 AM on December 15, 2010 [1 favorite]
If your higher up boss is trying to smoothe things over, lawyering up might have the effect of making you appear to be less cooperative with the boss's efforts.
That's a very good point- if the guy was in it just to be a dick, he would have called the cops at the airport.
Advice for the meeting: always stay calm. When the guy starts ranting, get even more calm. The calmer person wins.
posted by gjc at 6:37 AM on December 15, 2010
That's a very good point- if the guy was in it just to be a dick, he would have called the cops at the airport.
Advice for the meeting: always stay calm. When the guy starts ranting, get even more calm. The calmer person wins.
posted by gjc at 6:37 AM on December 15, 2010
You're trying to hold onto something which is clearly poisonous, and which will not work out for you in the long term. Having done this myself on several occasions in my employment career, I strongly, strongly recommend that you gracefully cut your losses, resign without admitting fault on the grounds that the work environment is hostile, and look for another job where your immediate supervisor is not evil. Secure whatever recommendations you can from other coworkers if any rather than your boss, and set out anew in the job market.
Even though the current (Dec 2010) job market is crappy in CA, there is no way for you to be successful, grow, learn, or respect yourself in the mirror when you get up in the morning in the job you are in. And you only live this life once. So eat ramen for a while if you have to, but do so with self-respect and an expectation of future peace and calmness and satisfaction.
It also sounds like you could use a little self-reflection -- could it be that some quality of yours either instigated or furthered this person's behavior? At a minimum, did you do everything that you could in a professional and corporate way to get communication lines open with him? These are things you might think about; the corporate world is full of idiots, liars, charlatans, thieves, felons and incompetent shmucks, and although it pains me deep to my core to even think about talking to that sort of person much less working with them intimately, I've gained nothing in my life from making my disrespect open, or ignoring those people. It turns out that they have highly evolved self-defense mechanisms, primarily backstabbing, which protect them.
If, as I'm starting to suspect is the case with me, the failure and evil of long term corporate life is just too much to bear and you don't want to spend the cycles cultivating a smooth corporate persona to handle the day to day viciousness, incomprehensibility and incompetence, then you might also consider working for yourself somehow.
Good luck!
posted by felix at 8:08 AM on December 15, 2010 [2 favorites]
Even though the current (Dec 2010) job market is crappy in CA, there is no way for you to be successful, grow, learn, or respect yourself in the mirror when you get up in the morning in the job you are in. And you only live this life once. So eat ramen for a while if you have to, but do so with self-respect and an expectation of future peace and calmness and satisfaction.
It also sounds like you could use a little self-reflection -- could it be that some quality of yours either instigated or furthered this person's behavior? At a minimum, did you do everything that you could in a professional and corporate way to get communication lines open with him? These are things you might think about; the corporate world is full of idiots, liars, charlatans, thieves, felons and incompetent shmucks, and although it pains me deep to my core to even think about talking to that sort of person much less working with them intimately, I've gained nothing in my life from making my disrespect open, or ignoring those people. It turns out that they have highly evolved self-defense mechanisms, primarily backstabbing, which protect them.
If, as I'm starting to suspect is the case with me, the failure and evil of long term corporate life is just too much to bear and you don't want to spend the cycles cultivating a smooth corporate persona to handle the day to day viciousness, incomprehensibility and incompetence, then you might also consider working for yourself somehow.
Good luck!
posted by felix at 8:08 AM on December 15, 2010 [2 favorites]
Not only are you in an at-will state, you're a contractor. If they decide to end your employment, it won't even be firing you; they'll just end your contract. That is also something they can do for any reason or no reason.
When you meet with the boss, state your best case, but don't be surprised if it's the end of that job. As a contractor, you have no recourse to challenge that outcome. Move on.
posted by Kirth Gerson at 8:40 AM on December 15, 2010
When you meet with the boss, state your best case, but don't be surprised if it's the end of that job. As a contractor, you have no recourse to challenge that outcome. Move on.
posted by Kirth Gerson at 8:40 AM on December 15, 2010
Wait - are you using 'contractor' in some different way? Later you call yourself "a salary-exempt employee." It makes a difference which you are.
posted by Kirth Gerson at 8:43 AM on December 15, 2010
posted by Kirth Gerson at 8:43 AM on December 15, 2010
If they're smart they'll fire you for no reason. If they're not, and they fire you for "assault", sue the crap out of them.
posted by xammerboy at 9:20 AM on December 15, 2010
posted by xammerboy at 9:20 AM on December 15, 2010
I think the contractor thing means employed by company A working for client company B at their site. If company A wants you to leave they follow employment law, if it's company B they'll make it company A's problem, but you could be redeployed rather than let go.
posted by plonkee at 9:30 AM on December 15, 2010
posted by plonkee at 9:30 AM on December 15, 2010
If they're not, and they fire you for "assault", sue the crap out of them.
Anonymous admits what seems to be a case of assault, even if they didn't realize before that only grabbing someone's shoulder can be considered assault. Considering a lawsuit after termination is wishful thinking and will probably be a waste of time. But you should talk to an employment lawyer right away.
If your higher up boss is trying to smoothe things over, lawyering up might have the effect of making you appear to be less cooperative with the boss's efforts.
This is true. But you can consult with a lawyer without revealing that you have done so until you believe it is in your best interests.
posted by grouse at 10:07 AM on December 15, 2010 [1 favorite]
Anonymous admits what seems to be a case of assault, even if they didn't realize before that only grabbing someone's shoulder can be considered assault. Considering a lawsuit after termination is wishful thinking and will probably be a waste of time. But you should talk to an employment lawyer right away.
If your higher up boss is trying to smoothe things over, lawyering up might have the effect of making you appear to be less cooperative with the boss's efforts.
This is true. But you can consult with a lawyer without revealing that you have done so until you believe it is in your best interests.
posted by grouse at 10:07 AM on December 15, 2010 [1 favorite]
I don't agree with the comments to the effect that because you're an at-will employee it doesn't matter why they fire you. I don't know this for sure about California, but there's a chance that your eligibility for unemployment benefits will be affected by whether you're fired for cause or for no reason.
posted by J. Wilson at 3:05 PM on December 15, 2010
posted by J. Wilson at 3:05 PM on December 15, 2010
I may be coming at this with a UK-filter, given the surveillance rate here, but if it was in an airport is there any chance it was captured on CCTV? This obviously won't help if they're saying you just grabbing him was assault, but if he's saying you actually punched him or whatever then CCTV footage should help your case. Also, if he is saying that, then it should be referred to as a criminal matter, so police would be able to access the CCTV footage (again, this may be a bit UK-focused for your case).
posted by mudkicker at 9:35 AM on December 16, 2010
posted by mudkicker at 9:35 AM on December 16, 2010
Also, if he is saying that, then it should be referred to as a criminal matter, so police would be able to access the CCTV footage (again, this may be a bit UK-focused for your case).
Getting the police involved sounds like a bad idea.
posted by grouse at 10:59 AM on December 16, 2010
Getting the police involved sounds like a bad idea.
posted by grouse at 10:59 AM on December 16, 2010
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