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Assulted At Work. What Are My Rights?

By WinPie Posted in: windows

I’m 20yrs old and I work for a home health care company in Albuquerque New Mexico. I am a caregiver; I make schedules and part management. I have worked here for about 2yrs. I worked alone in the office today because the main manager was sick. I was giving out checks and getting help from another caregiver when, another care giver came in for HIS check, he is 20yrs old as well. I told him I needed to talk to him and his significant other (whom also is a caregiver) about notifying me about switching shifts with other caregivers and calling in to me. I have always been first call before the main manager. I will skip the stuff that doesn’t really matter but, he started arguing with me saying I was a b***h and not the boss. I asked him to leave because we work in an office building and he was being loud. He stepped outside and called the owner of the company. She called the office phone and told me to give his check to the caregiver whom was helping me. I started doing the checks and his significant other came in and started stuff as well I told him I’d give the check to the other care giver when it was ready he went outside and told his bf I wouldn’t give him the “f**king” check. The first one that was waiting for his check came in and screamed at the caregiver helping me to give him his check. I had just printed it and signed it and told him I had it. He started yelling again calling me a “b***h” and “ghetto” (I have 3 cars buying a 4th. Buying a house in a nice neighborhood.) He lives in a Motel at the moment. So, I am not ghetto just wanted to put that out there sorry. I kept telling he needed to calm down and stop because, again, we work in a building full of offices. Where our desk sits there is an opening type thing, like a window but no glass? He reached through and grabbed me by the shirt, balled up his left first and lifted it and said he was going to kick my ***. From this he ripped my silk button up polo and left scratches on my neck NOT CUTS, SCRACTHES. HIs BF pushed him again saying please no please and said I needed my *** kicked and he would be back. They left and I called the cops and the other caregiver with me took pictures of my neck well they were still red. When the cop came and I was filling out a police report the BF that said he would come back walked through the door say the cop and said “I came to resolve things” He made a scene in front of the cop and was told to leave. I know the cop is on my side after witnessing the BF coming back and stuff but, the problem I am having is my boss’s aren’t doing anything. The owner was mad that I called the cops. I told her I had a right to protect myself and it wasn’t okay for a guy to put his hands on a girl especially an employer. I have only heard from the owner since asking if I was okay and for her to say she was stressed about it but, she didn’t experience it. The caregiver that was with me was my witness and had called the owner to find out if anything was done. The owner told her that he has worked for us a long time and it would be a shame to lose him… That she would probably just over look it? The main manager actually came for his check and let him go to her house for it and talk. We are a privet company and all independent contractors but, what are my rights I can’t find any without talking to a lawyer and I want to know them before I go in. Do you really want to know the worst part for me on this is? The owner is my mother-in-law and the manager is my sister-in-law. I am not looking for special treatment or anything but, it’s kind of sad that they are siding with him it seems like other than me. So, please help me out. I want to know my rights with the assault and with work. If he continues to work I am going to quit.

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  1. Laurie Says

    You can contact a private attorney, the Labor Board and employment office. Either way, you need to quit this job. If the DA decides to press charges against this person, you may need to go to court. I would,but this is up to you.
    As I see it, your life is in danger working around this person. Your mother-in-law as the owner, is not acting in the best interest of her employees. Look for another job. It’s never a good idea to work with family. Is your husband backing you? I hope so.
    ( I would never trust this individual caring for a loved one. If he gets this upset over a check, imagine what he has done to patients. Someone better start watching him)

  2. michr Says

    you can file a Police report and file charges that is all you can do
    you are a contractor doing management duties that is NOT possible or legal…
    either you are an employee or an IC you can’t be both, it seems this company is run poorly from top to bottom…..
    this post is too long to make any real sense out of it but you need to TALK to the owners about the business structure and the legal problems they are looking at… the IRS, SSA, CMS, and the state department of labor have a dim view of employers who mis-classify employees as ICs to circumvent the laws that apply…..

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