Physical Assault At Work In Los Angeles

State:
Multi-State
County:
Los Angeles
Control #:
US-000298
Format:
Word; 
Rich Text
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Description

The document is a Second Amended Complaint filed in the circuit court, addressing a case of physical assault at work in Los Angeles. It outlines a scenario where the plaintiff claims damages due to the gross negligence and intentional actions of a physical therapist, which resulted in severe physical injury during a medical procedure. The complaint details the identity and location of the parties involved, including defendants who are corporations and individuals, establishing jurisdiction for service of process. Key features of the complaint include allegations of unnecessary physical actions performed by the defendant, which led to physical harm and long-term consequences for the plaintiff. It seeks both actual and punitive damages, highlighting the emotional and physical suffering experienced by the plaintiff. Attorneys, partners, owners, associates, paralegals, and legal assistants may find this form essential for pursuing cases of workplace assault, as it provides a structured approach for outlining claims and gathering necessary evidence, such as medical records. Filling instructions focus on ensuring that all relevant parties are identified correctly and that the legal language is clear to support the plaintiff's case effectively. The form is particularly useful for legal professionals supporting clients who have experienced workplace harassment or injury, ensuring compliance with legal standards while advocating for justice.

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FAQ

Yes. California permits victims of an assault to sue the person who assaulted them, whether they are co-workers or not. In some cases, the person who committed the assault may be the only one liable.

Physical abuse in the workplace is any form of physical violence or harm inflicted upon an employee by another person in the workplace. This can include things like hitting, pushing, shoving, or even throwing objects. Physical abuse can also include the use of weapons or the threat of violence.

Legal Recourse: You can sue the company for damages resulting from this incident. Companies are generally liable for the actions of their employees, especially if the assault happened at work or during work-related activities.

If you consider the act or threat of violence as serious, immediately call 911. Then call your manager and the Workplace Violence hotline at (916) 376-5344. Discrimination, retaliation and sexual harassment must be reported to the Equal Employment Opportunity Officer.

Fighting at work can lead to disciplinary action, including termination. A worker involved in a physical altercation in the workplace can face serious disciplinary consequences, including the immediate termination of their employment.

California Penal Code section 240 defines assault as an unlawful attempt, coupled with a present ability to commit a violent injury upon the person of another. The attempted "violent injury" defined in the law does not require violence or actual injury; an effort to touch is sufficient.

Legally, physical fights and assaults are generally regarded as valid grounds for dismissal. However, this is not always the case. Legally, it's important to consider the following factors: 1- The circumstances of the fight- Who started it?

If you are being harassed at work, you have a responsibility to tell your employer. If you feel comfortable, you also should tell the harasser that you find his or her behavior unwelcome. You also can talk to your parents, another adult, or the EEOC. Find out if your company has a policy on harassment.

If you are the person who assaulted another employee in a violent incident at work, you could be looking at criminal charges in addition to any civil legal action that might take place. Your actions could also lead to your termination from the company, and you may be blacklisted from other employers in the future.

Disciplinary Action: Most companies have strict policies against violence and fighting. Engaging in a physical altercation can lead to disciplinary measures, including warnings, suspension, or termination of employment. Legal Consequences: Depending on the severity of the altercation, you could face legal action.

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Physical Assault At Work In Los Angeles