Restaurant workers have rights after an altercation just like any other employee. But what happens when things turn physical? And how can employees protect themselves against false accusations?
In the restaurant industry, it’s important to know the difference between assault and battery. It’s equally important to understand your rights as an employee after an altercation takes place.
You’ll also want to know what you can and can’t do in self-defense if things turn physical.
A survey by the National Institute for Occupational Safety and Health found that 64% of restaurant workers experience workplace violence during their career. That’s why working with an assault defense attorney can help protect employee rights when these situations arise.
Here’s what we discovered:
- Assault vs. Battery: What Restaurant Workers Should Know
- Every Employee’s Rights After an Altercation
- Self-Defense and How Far You Can Go
- What to Do After an Altercation Occurs
- Workers Compensation and Assault
Ready to learn more? Let’s dive in.
Assault vs. Battery: What Restaurant Workers Should Know
Funny enough, most people think assault and battery are one in the same. But legally speaking? They’re very different.
Assault is defined as the threat of harm while battery is defined as physical contact.
If your coworker points a fist at you and threatens to punch you in the face, that’s assault. If they go through with it and punch you? That’s the battery.
Restaurant workers should know the difference because altercations can happen fast. And in most cases, both assault and battery charges are pressed.
Assault and battery are criminal charges which means they can also face civil lawsuits.
Depending on the situation, penalties vary. Injury severity, weapon involvement, and aggressor motivation all play a role.
Employee’s Rights After an Altercation Occurs in the Workplace
The workplace is supposed to be a safe environment for everyone. That means restaurant owners can’t hold employees accountable if they are assaulted or battery at work.
But what rights do you have if things do take a turn for the worst?
Employees have the right to:
- Report what happened
- Seek medical treatment
- File a police report
- Receive workers compensation benefits
Assault and battery victims are protected against retaliation in the workplace.
Employers are not allowed to punish employees for reporting assault or battery at work. Retaliation can include firing, withholding promotion, or discipline.
Something many restaurant employees don’t know is that employers have a duty to provide a safe workplace. If an employee assaults another worker, the employer could be liable if they didn’t provide adequate security.
Employers could also be held liable if they were aware of a threat against a worker and did nothing to prevent the violence.
Restaurant owners have a responsibility to provide adequate security and support to their workers. Especially since customers are responsible for 40% of violence in the workplace.
Self-Defense and How Far Employees Can Go
When tempers flare in the kitchen, things can happen quickly. Most restaurant workers will tell you they’ve had thoughts of hitting someone at one point or another.
But you can’t just go punching coworkers whenever you feel threatened.
Self-defense against assault is allowed, but there are limitations. Workers who fight back against threats must prove that they feared imminent harm and that they couldn’t stop the violence without physical altercation.
Each state has different self-defense laws. But most states require you to attempt other options before fighting in self-defense.
For example: Could you have run away from the assault? Was there another coworker nearby to help defuse the situation?
Something to keep in mind if you’re worried about hitting someone in the heat of the moment…
Many restaurants have a zero-tolerance policy when it comes to violence in the workplace. Even if you were defending yourself from a threat, you can still get fired for fighting.
In fact, some states are actually passing laws that say firing an employee for defending themselves from assault is wrongful termination. But this isn’t true for every state.
Courts typically look at a few factors when deciding if an employees’ response to threats was justified:
- Was there an immediate threat of injury?
- Was the response proportional?
- Could you have simply removed yourself from the situation?
- Did you start the altercation?
These are all things to consider if you find yourself in a fight at work.
What to Do If an Altercation Occurs
The steps you take right after an altercation occurs can be the difference between winning or losing your case.
Follow these steps to ensure everything is done correctly.
Step 1: Get to Safety
If you’re still in danger, call 911. If not, remove yourself from the situation and head to a safe place.
Step 2: Seek Medical Attention
Even if you feel fine, get checked out by a doctor. Some injuries have delayed symptoms.
Step 3: Document Everything
Write down what happened while it’s fresh in your head. Note the who, what, when, where, and why.
Including details like:
- Names and contacts of witnesses
- Exact words that were said
- The sequence of events
If you have visible injuries, take photos as well.
Step 4: Report the Incident
Make sure your supervisor is aware of what happen. Send them a written copy and keep your own for your records.
Step 5: File a Police Report
Assault and battery are crimes. Make sure to file a report with your local authorities.
Step 6: Contact an Attorney
Remember, assault cases operate under criminal and civil law. Contacting an attorney is the best way to ensure your rights are protected.
Workers Compensation Benefits and Assault
Most injuries that occur during a physical altercation at work are eligible for workers comp benefits.
Restaurant workers who fight on the job can still qualify for workers comp as long as they weren’t the aggressor.
Remember, workers compensation is no-fault. As the victim of the assault, you’re allowed to receive benefits no matter what.
Workers comp can cover medical bills, lost wages, and any rehabilitation you may need after the altercation.
But you can file a lawsuit against the person who attacked you in addition to filing for workers comp.
Assault victims often do this to ensure all of their expenses are covered. Workers comp won’t cover things like pain and suffering or punitive damages.
If you want to be compensated for those things, you’ll need to file a personal injury lawsuit against the person who assaulted you.
Wrapping It Up
Physical altercations in the workplace are never something any restaurant owner wants to deal with.
But unfortunately, they’re quite common. Employers and employees need to know their rights when these situations occur.
As an employee, you have rights too. You have the right to know your workplace is safe.
If you’re assaulted or threatened on the job, you have options. Document everything, file police reports, and seek medical attention.
Workers who stand up for themselves after threat of harm have rights as well. If you’re fired or demoted for defending yourself, you may be entitled to compensation.
If you have any questions about your rights as an employee after an altercation, consult an attorney. They’ll be able to explain your options and help you protect yourself.
READ ALSO: Top Safety Practices Every Construction Site Should Follow
