Was my workplace negligent?

Update:

Long story short, I was almost assaulted at work by a woman who has been trouble in the past. The workplace did not fire her and I had to quit for fear of personal safety. Can I sue the workplace?

8 Answers

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  • 3 years ago

    No. Your fear is not their problem.

  • Jason
    Lv 5
    3 years ago

    Definitely, but you have to prove damages, were you injured ?

  • 3 years ago

    Doesn't sound like it. "Almost assaulted" means what, she yelled at you? You won't win anything for that.

  • lucy
    Lv 7
    3 years ago

    Here is the problem, since you left a lot out and was in a previous question.

    She (almost) assaulted you with a steel post, which the cameras did not get the (almost) incident, and 1 employee was a witness, but guessing may or may not tell them, since they may fear losing their jobs.

    The problem is, that she is the head of the department and unlikely you can prove that she (tried) but did (not) actually assault you, since with assault, they don’t need to actually touch you but by her action she was threatening you.

    Even if you sue, then you will need (prior) proof that she in fact has a problem of threatening employees or causing harm. The person who sues has the (burden) of proving (you) that she in fact tried to assault you and has in the past with other employees.

    So odds are you will lose which is not what you want to hear.

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  • 3 years ago

    You would have to prove that they knew, or should have known, that she would assault you. Since she didn't actually assault you, I don't see that you have anything to claim. You being afraid that she might assault you is not the company's negligence.

  • 3 years ago

    Depending on the details, yes you can! But you might have a hard time proving it.

  • 3 years ago

    yeah i guess so

  • 3 years ago

    Given all the details that you’ve provided here, definitely maybe, unless otherwise.

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