An assault on the job is already traumatic, but to be fired after wards can add an additional layer of injustice. It leaves you feeling helpless and alone.
It was not only a violation of my rights when I was fired for being assaulted in the workplace. The termination policy was also blatantly abusive and failed to protect me. We are now forced to face the reality of violence in the workplace and the employment laws that protect us.
These incidents highlight the importance of being aware and knowledgeable about our rights in the workplace. This is especially true when workplace violence and employment laws intersect.
Table of Contents
Understanding Your Rights After Workplace Assault
Protections against Workplace Violence
It’s important to know that state and federal laws offer substantial protections in the event of violence at work. Federal law, for example, under Section 1114 in Title 18 of U.S. Code, imposes criminal penalties against violence towards federal employees. This reflects a strict approach when it comes to workplace violence and threats.
California Senate Bill 553, which mandates employers to implement comprehensive Workplace Violence Prevention Plans, ensures a proactive approach against possible violence.
Reporting an Assault
Reporting an assault at work to the proper authorities is crucial. To ensure accountability, employees are encouraged to notify both the internal and external authorities of any violent or threatening behavior.
California has also introduced new rules that require employers to not only notify Cal/OSHA of serious workplace injuries and deaths, but they must also record these incidents in a specific way. This helps maintain a safe working environment.
READ MORE:
- What is Embedded Insurance: A Beginner’s Guide
- Travel agents for Delta vacations: How to get started
- For the best in ecotourism try Dominican Republic holidays
- Top 5 Must See Hidden Gems in St. Augustine
How to Deal with the Effects of Being Fired
Finding Legal Counsel
Consult an employment lawyer before you terminate your employee due to a workplace attack. You can get advice on the potential legal implications and wrongful termination of your case.
A personal injury lawyer can also be helpful if there was physical or mental harm as they will help you navigate compensation claim. If the attack is considered work-related, it’s advisable to discuss workers compensation benefits with an attorney.
How to File for Unemployment
It’s important to know your unemployment eligibility if you were terminated for no reason. This often involves meeting state-specific criteria such as previous employment length and earnings. The first step is to file a claim for unemployment with the state agency in your area.
You’ll need to give details about your former employment, and circumstances surrounding your termination.It is important that you challenge unjust allegations with legal advice and possibly through an hearing if your employment was terminated due to misconduct.
Protect and support yourself with these steps
Contacting HR
It’s important to contact HR if we are experiencing workplace harassment. It is important to express concerns confidently, set boundaries and, if needed, submit a written complaint.
The HR department is responsible for the emotional, mental and social wellbeing of their employees. This creates a positive working environment.
Documenting an Incident
After any harassment incident, we should create a Workplace Harassment Log Book. To establish patterns of harassment, document every detail. This includes minor incidents. This includes noting the date, time, location, involved parties, and any witnesses.
Find Mental Health Support
After a traumatizing incident, supporting our mental wellbeing is essential. Working with psychologists or psychiatric nurse for cognitive therapy, as well as other interventions can reduce workplace violence.
It is also important to seek out social support, such as from supervisors and colleagues. This has shown to reduce the likelihood of depressive symptoms.
Career advice and personal recovery: Moving forward
Update your resume following a termination by focusing on the skills and accomplishments you have gained in your past roles, without mentioning your reasons for leaving. You don’t have to explain why you quit each position on your resume. Include the position if it was an important one and you were there for a long time. Also, highlight any achievements.
FAQs
1. Is it permissible to terminate employment due to an assault?Â
Yes, physical altercations and assaults are typically considered legitimate reasons for an employer to terminate an employee.
2. What should I do if I am attacked at my workplace?Â
If you are attacked at work, you may be eligible for workers’ compensation. Additionally, both your employer and the assailant could potentially be held personally liable in a legal setting.
It is advisable to seek guidance from a personal injury attorney to explore all your legal options and rights.
3. What constitutes a physical assault in the workplace?Â
Physical assault in the workplace includes any act of physical violence or harm directed at an employee by another individual at the workplace.
Examples of such behavior include hitting, pushing, shoving, or throwing objects.
4. Can an employee be dismissed for engaging in a fight outside of work?Â
Yes, employees can be terminated for involvement in a fight outside of work, regardless of whether the reasons for dismissal are fair, reasonable, or even true.
The conclusion of the article is:
This article provides comprehensive insight into your rights and how to navigate legal complications. It also offers support in recovery and career advancement.
The article aims to empower those who are facing these challenges by highlighting the importance of legal protections and presenting the necessary steps that should be taken immediately following an assault.
Discussions focused on practical solutions to workplace problems, but also the need for mental health advice and career guidance for professional and personal growth.
