Civil Assault Claims

11.05.2014

In several places in the country, creative plaintiffs' attorneys have brought civil assault claims on behalf of their employee clients who alleged they have been harassed in the workplace.  Civil assault claims do not require evidence of membership in any protected category or a showing of physical injury; rather, the plaintiff only must show that a threat was made by a member of management and that the employee was subjectively in fear of physical injury. 

Accordingly, even if the proposed "bullying" law in New York never passes, employers have reason to train, investigate and/or remediate instances of employee mistreatment.