Assault at work?

Question

If an employee who is already sufferring from depression/anxiety at work, is already worried about the amount of sick time and pending possible disciplinary action. Having been summoned by his manager handed a document and told to sign without discussion. Who tells his manager he is not signing anything until previous questions directed to the manager on that very subject are answered. Who walks away from from the situation because the meeting has broken down and the manager will not listen.

Who some 10 -15 mins later whilst completely stressed and unable to think straight, is approached at his work position by the same manager, in front of a number of colleagues passed the letter/form repeatedly because he refuses to accept it for the reasons described above, who now feels he is being pressurised and humiliated in front of his colleagues then finds he is standing holding the manager by his collar and shouting.

Would the employee's actions be classed as and assault?

Answer 1

In Texas this would be "Assault by contact" or offensive touching.  Of course the court will take into account the harassment and badgering prior your actions, but you'd better find a new job quick!

Answer 2

i would say no, in this case no it is not Assault.

the fact that you and your manager had a heated row and you walked away and he then followed you back to your work area trying to carry on the argument id say you had every right to defend your self.

i think you will find that its the manager that was in the wrong

Answer 3

Yes, that is assault. Assault is defined something like a wilful attempt or threat to harm another person, coupled with the present ability to inflict injury on that person, which causes apprehension in that person.  It's not just a physical act, in other words, it's creating that apprehension in the victim.

Answer 4

assault is a threat of physical harm.

Harassment is emotional or verbal abuse.

Just thought I'd clarify that for you.

Answer 5

Yes it is,You will probably get a written warning,

Answer 6

I have no legal training but I am willing to bet the answer is yes.

Answer 7

Talking criminal? Yep. The charge varies from state to state. Here, it's Assault by Contact. You don't get to plead any kind of verbal abuse as justification.

Answer 8

Yes.  If you have physically handled him while yelling then yes, its assault, in the workplace anyway.

Answer 9

In the UK, just touching someone unlawfully with minimum force can be an assault (technically it's a battery). However, there do seem to be extenuating circumstances here and possibly grounds for complaining to the employer about the manager's harassment. It might be worth the employee contacting his union or seeking legal advice.

Hope that helps