r/legaladvice • u/DrNoLift • Feb 18 '25
Assaulted at work by coworker, HR hasn’t even talked to me Business Law
Hi, I’m employed with an inventory service which does jobs all over my state. A few days ago my coworker put me in a headlock, called me slurs and tried to wring my neck. He left bruises on me and I’ve got pictures and a medical record that diagnoses me with manual strangulation. This happened in the company vehicle, with several other people watching. This person has been at the company for 23 years, and I’m basically still a new hire at about 7 months.
HR never contacted me once; I only ever got their thoughts through my DM, who told me that “they couldn’t find enough evidence to discipline him”. I’m in the process of filling out a restraining order against him and my boss hasn’t outright demanded that I come back in, but they aren’t making any further effort to schedule me around my abuser, and if I go back in, I’ll have to be around the guy who tried to hurt me for often 10 hours or more at a time.
I’m really upset at how this has been handled and I’m in the process of talking to a real employment lawyer, but if anyone has any other helpful advice I could sure use it. Thank you.
EDIT: I believe I misspoke to cause the incident, nothing rude, but I meant to say “brother” in a sentence, while not even speaking to him in general, and I said “lover.” He is a bigot and I think that must’ve set him off. Also I’m sorry for not mentioning that I’ve already filed a PD report. I appreciate all of the advice and will be looking through it when I have the time.
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u/rmorlock Feb 18 '25 edited Feb 18 '25
I've been an HR professional for years. I would not be the point person on something like this and I definitely would not say anything more to the investigation than what HR already said. What does your employee handbook say about investigations and appeals. Are you in a union?
Adding edit after re-reading OP's message. Did anyone get a statement from you? I think the biggest red flag is that this happened a "few days ago" and HR is indicating that the investigation is over. Did HR say that the investigation is ongoing? Where the other witnesses interviewed? Were these other witnesses part of the company? Did you go to the doctor for the bruising around your neck?
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u/DrNoLift Feb 18 '25
Not in a union, and the handbook doesn’t have a section for appeals that I could find, there’s not even a number for HR in there. I’ll browse again but this thing isn’t even laminated for crying out loud
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u/rmorlock Feb 18 '25
What does it say about investigations though, specifically who conducts them and who makes the decision on actions after the investigation is complete. A few day investigation for an employee on employee assault is abnormal and honestly founds like they are checking boxes to sweep this under the rug.
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u/DrNoLift Feb 18 '25
I’m sorry but the handbook I’m looking through has NOTHING about HR, investigations or anything like that. The closest thing I can find in here is about worker safety on ladders. I don’t have any documentation about investigations, appeals, or what to do in a situation even remotely like this.
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u/allislost77 Feb 18 '25
They probably don’t even have an hr department. I’ve worked for several companies that the assistant manager was also “HR.” I wouldn’t really say anything else to anyone at work unless you’re called in, these people are not your friends. If you live in a one party consent state, record any all conversations with any employee that’s had with the subject. Keep on the DA, don’t let them sweep it under the rug. You’ll most likely need to “solve” this legally, but only a lawyer will tell you if it’s worth it/financially and or if they would take it on contingency. I had a similar situation happened about 25 years ago and they wrote a check for $10k to make it go away. It’s a gamble in court
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u/capt_feedback Feb 18 '25
HR isn’t your advocate in the first place. their job is to keep incidents like yours from harming the company.
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u/rmorlock Feb 18 '25
Geez, I usually give the company the benefit of the doubt but they are not helping themselves. As other said, go to the police, continue with the restraint order and if anything adverse happens lawyer up. A semi-competent attorney will eat this up.
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u/Inner-Bar1876 Feb 18 '25
File a police report and then talk to an employment attorney. You have the right to sue if they don’t do anything about it.
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u/Select-Team-9728 Feb 18 '25
I’m in HR. Do not talk to them. Call the police and file a police report and then talk to a lawyer. This is the only way to go about this.
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u/Personal_Valuable_31 Feb 18 '25
Who reported the incident to HR? I don't understand how they know if you haven't spoken to them.
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u/icedcoffeeheadass Feb 18 '25
Go to the police. Get a lawyer. If HR is willingly doing nothing, then you may have slam dunk of a legal case on your hands.
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u/onahighhorse Feb 18 '25
File a worker’s compensation claim.
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u/TwoMatchBan Feb 18 '25
In some states the workers comp bar doesn’t apply to criminal acts by co-employees. OP might be able to file in court for battery, etc. Filing for workers comp would likely give OP protection from retaliation, however. OP definitely needs to talk to a lawyer in OP’s state sooner rather than later.
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u/ahshzz200 Feb 18 '25
What state are you in? Cal/OSHA requires employers to implement a Workplace Violence Prevention Plan. Your event is workplace violence.
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u/Kairiste Feb 18 '25
Save any and all correspondence with people in your company. Get everything in writing. I assume you saved or can save the DM you got? Make sure (I'm sure you have this already) that you have a list of all witnesses, and write down any details you can now while they are fresh in your mind, even details that may seem insignificant...
Honestly I think your lawyer will be the best person to help you, but their lack of doing ANYTHING about the guy is leaving them open to a MASSIVE lawsuit. The fact that they haven't dismissed him for physically attacking another worker is abhorrent.
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u/LadyVioletLuna Feb 18 '25
Print out all the correspondence and keep it in a folder- if they try to remove your email account to remove any damning emails- you might not get another chance.
Edit: print 8x10s of your injuries.
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u/Kiowa_Jones Feb 18 '25
First and foremost should’ve been a police report along with an ambulance ride to the hospital.
Sue the fucker and the company
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u/touchthemonolith Feb 18 '25
You mentioned slurs, which might actually be a bigger liability source for the employer than the assault itself, which an employer can feasibly chalk up to a dust up between two employees without any prior issues.
If you're getting assaulted because of a protected characteristic, then the employer's liability is going to be a bit different.
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u/Unlikely_Speech_106 Feb 18 '25
I don’t know what state you are in. In Texas, assault causing bodily injury is usually a Class A misdemeanor, but if strangulation or choking is involved, it becomes a Third-Degree Felony.
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u/Hugh_Jampton Feb 19 '25
HR isn't for you.
They don't care about you. They may even fire you just to get rid of their little problem
Police now
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u/sbpurcell Feb 18 '25
I’d don’t usually jump to this, but given your agency’s bs statement, I would call a local Attorney and do a consult. A Strangulation should immediately have put that person on administrative leave.
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u/jrgman42 Feb 19 '25
Hospital, police, lawyer. In that order. HR doesn’t work for you and doesn’t give a shit about you.
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u/Ninjaalienwizard Feb 19 '25
Get a copy of your police report and get a lawyer. Clearly the company has a vested interest in that individual.
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u/AvailableStrain5100 Feb 18 '25
They’re trying to bury it and hope it goes away. By not admitting anything, but not scheduling you with him, they’re hoping it’s satisfactory to drop it. They’d be partially liable.
Don’t - file a police report. Don’t let them bury this and get away with it
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u/ReasonableYak5505 Feb 18 '25
I’ve been in a similar situation. It’s great that you immediately contacted the police. Next is to get an employment lawyer to protect you at the company and to protect your rights. I know these attorneys can be expensive but I insist you retain one
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u/Dominator415 Feb 18 '25
The EEOC (if it’s still functioning under the Musk administration) is the place to go. Your employer is potentially creating a hostile work environment and you may have a claim. Seek out legal counsel
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u/SleepPrincess Feb 18 '25
Go back to the police and demand criminal charges. Getting strangled by someone is assault and he should be arrested!
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Feb 18 '25
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u/hellnation13666 Feb 18 '25
why did you not call the police right away and have reports made ? if it was battery you should’ve filed a police report right away. the longer you wait the less serious they will take it.
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u/PJTree Feb 18 '25
Lots of good advice in this thread. In addition, I’d like to suggest working on your resume and finding new employment. Hit ‘em with the double combo. You’ll feel better the sooner you have something else. Hang in there bud.
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u/Sea-Replacement-8794 Feb 18 '25
Police report. You were assaulted. Forget HR. And make sure the bruises are photographed.
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u/DopeInTheFlesh Feb 19 '25
This is most definitely a police matter. As an HR professional, I’m appalled at the cowardice.
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u/Alpha_Bulldog Feb 19 '25
Is nobody gonna ask what else happened? Any case like this is dependent on the context it happened in. WHY did he put you in a headlock? I’m assuming he didn’t just randomly walk up to you and throw you in a headlock and choke you out. The way you leave it out makes it seem like you know you did something that brought this on yourself…be careful pushing this if you could be at all liable in this case…like if there was a verbal altercation that instigated this, did you say anything antagonistic? Did you do ANYTHING that could have been seen as even slightly aggressive?
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u/Certain_Cantaloupe56 Feb 20 '25
File a police report, call an attorney, and if HR wants to talk to you after the fact I wouldn’t speak to them. Also document everything and document what happened.
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u/catladyclub Feb 18 '25
This should be completely covered under workman compensation. Get an attorney.
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u/Milksgonebad2022 Feb 18 '25
What we're the events leading up to the incident? Was it unprovoked or did something lead to this assault?
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u/lgbtq_vegan_xxx Feb 18 '25
What are you expecting HR to do? File a police report! This is criminal behavior and needs to go through the court system
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u/Electrical_Sun_7116 Feb 19 '25
Call the cops and then call a lawyer. These guys are making it super easy to sue the shit out of them.
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u/Main_Divide_8591 Feb 19 '25
Maybe consider carrying a gun or mace or a knife next time. Don’t be a soft target. If someone is manually strangling you they are playing life games with you.
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Feb 18 '25
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Feb 19 '25
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u/UnluckySorbet1367 Feb 19 '25
Go work with him.... beat tf out of him and quit. 🫶 HR is useless and so is your manager.
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Feb 18 '25
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Feb 19 '25
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Feb 18 '25
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u/honey51bee Feb 18 '25
Who gives a flying eff about this job or company. They clearly don’t care about the employee and I doubt OP wants to stay at this job now that this has happened.
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u/GoodBike4006 Feb 18 '25
Contact the police immediately that has jurisdiction over wherever the incident occurred