USAC Banner 728x90

Collapse

Can a manager yank my hair and snap my head back? Illinois

Collapse
X
  •  
  • Time
  • Show
Clear All
new posts
  • Remington
    Junior Member
    • Jul 2015
    • 1

    Can a manager yank my hair and snap my head back? Illinois

    I work as a banquet server. Before a very large holiday buffet my manager called an impromptu meeting of all the banquet staff in the room where the buffet line was. She began talking and guests were starting to enter the room. I turned to another server to say something and my manager grabbed my braid and snapped my head back and told me to "pay attention". Is this legal? She told me a few days later she reported herself so I did not need to. I checked with HR and she did but I have no idea what ever became of it. I had injured (had my pinky finger smashed) 2 days prior to tis happening. This happened in the middle of May. She became very disassociated with me and several other incidents had happened since. It seemed like whatever I did was wrong. I had my yearly eval and since being employed have never bee late, never been reprimanded, worked shifts when nobody else would, the evaluation was not good and I did not get a raise. Another banquet server who is consistently late, very disrespectful to coworkers, has had verbal and written reprimands and shows up in unclean uniforms was given a better eval and a raise. She had been bragging for approx. a week that she and the 2 managers had kept the bar open for an extra 4 1/2 hours to themselves and they had gotten drunk together. This server is also under age so I'm wondering if that is why she is getting "special treatment. I have never been in this situation before and unsure what to do. It is a rather small (150 employees) and cliquish establishment. Anyone have any suggestions for me? I quit on July 17th as I was getting the usual treatment from my manager and just couldn't take it amymore.
  • AFFA
    Top Level Member
    ☆☆☆☆☆☆☆☆☆☆☆☆
    • Dec 2009
    • 23890

    #2
    Re: Can a manager yank my hair and snap my head back? Illinois

    I wish to inform you that you may serve a written notice to the ex-employer. If the matter is not resolved then you may file a complaint with the EEOC or DOL. You may contact the nearest office of the EEOC or DOL and seek guidance from them. They will investigate the complaint. Alternatively, you may file a lawsuit. The burden to prove the allegations in the court will be on you. You may provide all evidence which supports your point of view in the court. The court will consider all the facts and decide the matter. If you lose the lawsuit, you may have to pay costs if ordered by the court. You may contact an attorney and seek guidance as to your situation.

    AFF

    Comment

    • Friend In Court
      Top Level Member
      ☆☆☆☆☆☆☆☆☆☆☆☆
      • Apr 2011
      • 16463
      • United States

      #3
      Re: Can a manager yank my hair and snap my head back? Illinois

      Originally posted by Remington
      I work as a banquet server. Before a very large holiday buffet my manager called an impromptu meeting of all the banquet staff in the room where the buffet line was. She began talking and guests were starting to enter the room. I turned to another server to say something and my manager grabbed my braid and snapped my head back and told me to "pay attention". Is this legal? She told me a few days later she reported herself so I did not need to. I checked with HR and she did but I have no idea what ever became of it. I had injured (had my pinky finger smashed) 2 days prior to tis happening. This happened in the middle of May. She became very disassociated with me and several other incidents had happened since. It seemed like whatever I did was wrong. I had my yearly eval and since being employed have never bee late, never been reprimanded, worked shifts when nobody else would, the evaluation was not good and I did not get a raise. Another banquet server who is consistently late, very disrespectful to coworkers, has had verbal and written reprimands and shows up in unclean uniforms was given a better eval and a raise. She had been bragging for approx. a week that she and the 2 managers had kept the bar open for an extra 4 1/2 hours to themselves and they had gotten drunk together. This server is also under age so I'm wondering if that is why she is getting "special treatment. I have never been in this situation before and unsure what to do. It is a rather small (150 employees) and cliquish establishment. Anyone have any suggestions for me? I quit on July 17th as I was getting the usual treatment from my manager and just couldn't take it amymore.
      Laying hands on someone, yanking hair is assault -- a crime. Good she reported to HR, but you could go further. Getting drunk with employees is another no-no for anyone in management. And then having an under age employee serving liquor? Your state's liquor board should be interested in that.

      If I were you, I would talk to a lawyer who might advise you also to contact your state's liquor board as well as file a police report. Although not a place I could imagine anyone wanting to work, a lawyer might advise that with the assault and hostile environment the manager created, you were forced to quit and should be entitled to compensation. Personal injury is the area of law the attorney should practice you would want to consult with.

      Comment

      • Friend In Court
        Top Level Member
        ☆☆☆☆☆☆☆☆☆☆☆☆
        • Apr 2011
        • 16463
        • United States

        #4
        Re: Can a manager yank my hair and snap my head back? Illinois

        Originally posted by AFFA
        I wish to inform you that you may serve a written notice to the ex-employer. If the matter is not resolved then you may file a complaint with the EEOC or DOL. You may contact the nearest office of the EEOC or DOL and seek guidance from them. They will investigate the complaint. Alternatively, you may file a lawsuit. The burden to prove the allegations in the court will be on you. You may provide all evidence which supports your point of view in the court. The court will consider all the facts and decide the matter. If you lose the lawsuit, you may have to pay costs if ordered by the court. You may contact an attorney and seek guidance as to your situation.

        AFF
        The employer KNOWS what she did. There is no point in serving written notice. Notice of what? The EEOC is the Equal Employment Opportunity Commission. They investigate instances of discrimination -- not assault or harassment on the job.

        The DOL enforces federal employment law, similarly common law criminal assault, harassment and hiring underage persons to serve liquor is not their job.

        She needs a lawyer who knows the law and can advise her on the causes of action she has and what she can expect to recover.

        Comment

        • Disagreeable
          Top Level Member
          ☆☆☆☆☆☆☆☆☆☆☆☆
          • Oct 2012
          • 15549
          • United States

          #5
          Re: Can a manager yank my hair and snap my head back? Illinois

          It sounds like you need a new job. You waited too long for the prosecutor to consider any attempt at pressing charges as being other than retaliatory to something.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment

          • Friend In Court
            Top Level Member
            ☆☆☆☆☆☆☆☆☆☆☆☆
            • Apr 2011
            • 16463
            • United States

            #6
            Re: Can a manager yank my hair and snap my head back? Illinois

            Originally posted by Disagreeable
            It sounds like you need a new job. You waited too long for the prosecutor to consider any attempt at pressing charges as being other than retaliatory to something.
            How do you know what the statute of limitations is on assault is only a few months in the poster's state? The assault happened in May this year!

            If the poster speaks with one knowledgeable of the law of her state, she will get an informed opinion of what legal remedies she has and what she can retrieve in damages.

            Comment

            • Lexus
              Top Level Member
              ☆☆☆☆☆☆☆☆☆☆☆
              • Sep 2010
              • 9877
              • United States

              #7
              Re: Can a manager yank my hair and snap my head back? Illinois

              Employers have a legal duty of care to protect their employees from undue harm and physical injury in the workplace. This includes taking reasonable actions to keep people with a known history of aggressive behavior off the premises and away from workers. Those actions include running criminal background checks, administering drug tests, checking references, and disciplining or firing workers who display aggressive behavior. When your employer doesn't take reasonable actions to protect you from workplace violence and you are injured, you may have the right to file a*third-party lawsuit. This requires proving your employer failed to protect you, and the failure constituted gross negligence or a wanton disregard for your safety. One of the first things to do after a workplace assault is to contact the police and file a criminal complaint against your attacker. In most cases of workplace*assaults, there are enough witnesses (coworkers or customers) to give the police probable cause to arrest your attacker. Make clear to the police your attack was unprovoked. A few days after the assault, get a copy of the*police report. It may be valuable evidence in a third-party lawsuit against your employer. After a week or so, contact your local district attorney's office and speak with the prosecutor assigned to your case. Third-party claims against employers almost always requirelegal representation. Under the new Illinois Workplace Violence Prevention Act, you (or your company) can also seek a restraining order against the perpetrator. Your employer has the insurance company and their attorneys working for him, and you need an experienced personal injury attorney who can stand up to them.

              Comment

              Previously entered content was automatically saved. Restore or Discard.
              Auto-Saved
              Smile :) Embarrassment :o Big Grin :D Wink ;) Stick Out Tongue :p Mad :mad: Confused :confused: Frown :( Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:

              the color of a red rose is... (write the answer twice with an "@" between the words)

              widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
              Working...