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Physical Assault At Work In Michigan
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Multi-State
Control #:
US-000298
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FAQ
The California Department of Fair Employment and Housing (DFEH) investigates and enforces laws related to workplace discrimination, harassment, and retaliation in the state. Under the DFEH you may only have one (1) year to file a claim based on workplace harassment.
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.
If a person's employer fails to take action to stop the harassment, a person may then want to consider a hostile work environment lawsuit. Making sure that the employer knows about the harassment or should have known is a necessary prerequisite to filing a claim.
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.
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.
If you think your job is unsafe and you want to ask for an inspection, you can call 1-800-321-OSHA (6742), or file a "Notice of Alleged Safety or Health Hazards" by clicking here.
Harassment that is based on a characteristic protected by the law is prohibited by federal and Michigan statutes. To be successful on a hostile work environment claim, an employee must prove: 1.) the employee belonged to a protected class; 2.) the employee was subjected to unwelcomed harassment; 3.)
There are two ways that Cal/OSHA can respond to a complaint. Cal/OSHA can conduct an unannounced onsite inspection, or an investigation by letter. Cal/OSHA will decide how to respond based on the information in the complaint, including the description of the hazards.
Anyone can file a workplace safety or health complaint with Cal/OSHA if they believe there is a violation of a safety or health standard, if there is any danger that threatens physical harm, or if an imminent hazard exists.
OSHA telephones the employer, describes the alleged hazards and then follows up with a fax or a letter. The employer must respond within five days, identifying in writing any problems found and noting corrective actions taken or planned. If the response is adequate, OSHA generally will not conduct an inspection.