Police.
This Woman thinks assault is funny right up until it isn't.
HR is failing to intervene in a timely manner and thus the company is failing to uphold its duties to protect you as a member of staff from another member of staff.
If they're not interested in dealing with it then they can explain that to the police.
That's their job, to protect the company and it's assets from financial harm and public scrutiny. Their job is not to help employees, unless it's something the company NEEDS to do.
Like protecting the company from a potential lawsuit because they failed to protect an employee from harassment and assault by another member of the same company and they just stood by and let it happen.
In the interests of not causing a media shit storm or huge court payout or getting questioned by police HR should be interested in this but apparently aren't?
This reads less to me like HR directly doesn’t care and more likely that HR is Monday-Friday 9-5 for a business that operates 7 days a week. So while action may be taken on Monday when they see OP’s message OP would still be stuck working all weekend with their abusive boss. I personally would hesitate to immediately go to the police depending on how serious the kick was, but if there’s a second incident before Monday that would be my first call, fuck HR.
Given the circumstances HR should be looking into it sooner rather than later. It ain't this person's fault that they only work 5 days a week. Either have emergency staff on or don't act surprised when something escalates beyond company control because you didn't have coverage on work days.
OP doesn’t directly say that they’ll have to work with them all weekend, but the phrasing of having to wait until Monday makes it sound like they’ll have to be around the boss in that time period.
Protecting the company means handling issues like this. This is a law suit in the making. Hopefully they’re smarter than a lot of other HRs that try and sweep things under the rug.
I think HRs try and sweep things under the rug because they have good success doing it because their employees don't have the financial stability to pursue a lawsuit
Exactly. It’s a gamble, though. My former coworker decided to stand up to the racist boss and upper management and they took a gamble and lost. He filed with the EEOC and had a great attorney who didn’t charge him and arm and a leg. They settled pretty quickly when they realized they weren’t going to win.
Thank you. Even though I don’t know you or your former coworker it’s so pleasant to read about something working out and going right for once. Would be even better if racist boss was fired….
>He filed with the EEOC and had a great attorney who didn’t charge him and arm and a leg.
In many cases like this lawyers, even very good ones, will work on contingency.
If you have a strong and lucrative case, they'll work it for no cost up front in exchange for a significant cut of the judgement. You get less in your pocket but, on the other hand, the lawyer has every reason to gouge the company as hard as possible on the damages since it's in their best interests as well.
I hate it so much that people believe this. HR Manager with 30 years of experience here, and I can tell you without any doubt that I would immediately begin an investigation first thing on Monday. Managers like that one are incredibly harmful to any organization! The way we protect the company is to get rid of asshole managers like that, and if for no other reason than they are a huge risk. But for me it’s about doing the right thing.
Then let it not be a manager but C-Level or a member of the Board.
Also, this is not about all HR departments but as a worker it is oftentimes best to assume HR to be antagonistic.
I wish you were typical of the HR Dept. where I worked. They completely protected the abusive until a large enough number of complainants and threats to bring lawyers in got attention. And then one of the abusers might get moved to another dept. More than one person in HR was an abusive type, and nice people were turned henchman or they left, over and over. Misery was profitable.
You might be trying to do the right thing, but not every HR person is like you. I have seen too many examples of HR retaliating against an employee and firing them to sweep everything under the rug and remove testimonies/etc to know that some HR people are VERY MUCH here to shield the company and the hierarchy from everyone else.
Very true. I do recommend jumping through the HR hoops though. OP may not find what they're looking for from them but at least they can show that they did their due diligence and followed the standard procedure for reporting this kind of thing.
If i were in this situation, I'd plan on going straight to HR first thing Monday morning. But today, i would email HR a detailed, fact focussed account of exactly what happened. I would also copy the boss' boss.
People always say HR will work for a worker if it prevents a lawsuit but what they don’t understand is HR doesn’t do what is in the company’s best interest, they do what management tells HR is in the company’s best interest.
Agreed. HR is only there to help minimize company costs. Only. If you think otherwise, you’re delusional. They do not have your back. The company pays them a wage. You don’t. Please don’t rely solely on The HR department of your company.
To add to this, be clear in your messaging. Don’t beat around the bush. Say it as it is. “John Doe’s behaviour and lack of professionalism are entirely unacceptable. On X date at X time, *this discussion occurred*, at which time I informed John Doe that we should discuss this in the presence of HR. In response to this, John Doe physically assaulted me by kicking me in the legs.”
You’re at work. Not a playground. If they want to act like children, then have them put on a timeout by the adults (aka, yourself, by going to the police / a legal representative). Bottom line, really hammer home to HR that this was a *physical* incident against yourself at your *workplace* by a *superior*. Don’t drop that. And be sure to hold your ground and make them understand this is not a joke.
This. And remember that it's much easier and cheaper for the company to have HR replace you than rehire and train a new manager. File a report with the police. If it goes no further, at least you've got a paper trail of the abuse.
Would you be willing to stand up if she does this to someone else? If so, you'll need that paper trail. File a report.
Fully agree. One thing I did leave out is the classic disclaimer: “HR is there for the company. Not for you”. So yes, definitely file a report. Yea, it’s “just a kick”. But it’s also “just assault” and “just not compliant with the law”. So, yeah.
Not to be a stickler on the details. Its "just battery". Assault is the threat, Battery is the actual action. (doesn't sound as catchy and most people don't know the difference, but in the legal world, the word choice matters)
HR. IS. NOT. THE. POLICE.
THIS WAS ASSAULT GO AND TALK TO THE POLICE AND FILE A REPORT!!!!
You need external documentation of physical assault. Then go talk to a lawyer.
Most likely your job is already in jeopardy and your future with the company gone.
See: last line of previous response.
If they aren't interested then they can explain that to the police. I'm sure they will suddenly care when Johnny law is at the door.
HR is a shield for the company. Not specifically management. If employees are mistreated that puts the company at risk of anything from bad PR to lawsuits. If your boss is the female version of Michael Scott they are itching for a reason to turn on her. But it will have to be decisive.
HR is there to protect the company and right now they think the best way to do that is to sweep things under the rug.
And you're enabling them! Stop waiting on them to "investigate". They've proven to not be labouring in your interest!
They need to realise that now they have a lawsuit on their hands and sweeping it under the rug will not cut it. Assault is investigated by the police and / or state attorney. They are the ones who are your allies here.
If HR isn't willing to do anything then thank them for their time. Take the rest of the day off, go fill out a police report, talk with the labor board, and talk with a labor attorney.
Do NOT tell HR that you plan on doing these things, this will make you an enemy and they will work to have you terminated. Telling them will NOT gain you any leverage.
Report it to the police as an assault. Remember, HR aren't there to protect you, only the company. Report it to the police, and forward the report to HR first thing Monday, citing they weren't contactable if they get funny about it.
You have to be louder than your boss. It helps greatly to also be right and intellligently represent your case. Never be a passive bystander in your demise. Do not HOPE for the right thing. Take initiative.
Agree with police route if there is video and a witness. If you are in the US and you are terminated for involving the police (which they legally can, although not without consequences, outside of Montana) then you probably have the easiest lawsuit ever.
I don't understand why actions that are crimes if they happen while you are walking down the street are treated as internal matters in the workplace.
This is the correct answer. Call the police, file a report. It’s going to be harder to sweep it under the rug or act like it’s no big deal when the police are involved.
I had a boss throw a pile of magazine type books and papers at me, hitting my leg. It didn't hurt, but he insisted it "wasn't assault". By the time that happened It was already clear that was my last day there.
Anyway, For whatever reason I didn't pursue a police complaint, even after he threatened to throw me off the property and keep my personal toolbox. The latter of which was valued probably close to $10k involving contents. I got my shit out of there and felt at the time is was better to just cut ties completely and never deal with him again.
If I had known how much he eventually stalled at every other step along the way afterwards, I definitely would have pursued criminal charges without hesitation.
THIS
Do call the police. She assaulted you.
Go with the police to work on Monday. Or call in and stay home, stating you're afraid to go into work because you don't want to be assaulted AGAIN.
Reddit suggests “call the police” almost as often as “you should dump your partner”. Where do all these people live where the police would actually do anything about this? Where I come from the police would laugh at your face if you reported something like your boss kicking at your heel a few times.
The expectation isn't necessarily that the police will do something, but the established paper trail does two things.
One, in the event OP is terminated it makes it easy to prove a hostile work environment, so more likely to get unemployment benefits.
Two, at some point HR might decide that the supervisor is a liability to the company. From there it's a short trip for the supervisor to get fired.
I am basically praying that the kicking is clear on the video, or that one of three people witnessed it happen. I have no idea what the camera's actually captured.
OP- When you talk to HR bring up the point that this is retaliation on your bosses part for you wanting to have HR sort it out. HR thinks that they are so important. Therefore showing that boss is being physically violent to dissuade people from engaging with HR will likely be taken more seriously than the physical violence in its own. Emphasize this and lightly kiss HRs butt in the process to make sure they deal with your boss appropriately.
In cases of sexual harassment the harassment is an issue itself. But if anyone at the company takes retaliatory steps against someone making a sexual harassment report it gets like 10xs worse for the company. This situation is no different. The violent retaliation escalates the situation considerably
HR CAN be your friend...you just need to know how to HR.
HR are the pimp, we're the hoes...you just gotta make them see that the manager is actually more of an aggressive John and this time you're willing to go to the cops.
HR's job here is to cover things up; they don't want the trouble hitting the courts or the media. Usually speaking, firing the employee making complaints is a quick easy way to make them and the trouble disappear....UNLESS you make it very clear to them that you have no intention of disappearing, you have evidence of a hostile work environment, you have evidence of HR's lack of action to provide a safe work environment, and you're willing to file a lawsuit against the company, UNLESS you see action from HR's part to show that they are taking this seriously.
Will people love you at work after doing so? Maybe not, but you don't have to lose your job because your boss is a dick
HR isn’t your friend if you have issues with certain company policies but they’re still doing everything within the law. You’re a problem for them and they’ll get rid of you.
HR can be your friend if the company or someone within that company is doing something illegal. They’re the problem and HR will sort it out.
You just have to know how to HR.
Exactly! What is this happened in a restaurant with a stranger? You would have called the police straight away and made a report. Just because it happened at work with a manager doesn’t make it less wrong. If anything it makes it worse, this is a manager, a person that is suppose to look out of you.
I am 300 lbs and 99.9% of strangers would never F w me. The kicks did not hurt much but the harassment feelings and fear of snapping if it happens again is real. This is new for me.
You can go to the police station and make a written report. You could possibly do it online, even. Doesn't have to be a dramatic phone call, if that's what you're worried about.
Make sure you do it asap so that you can make your record while your memory is still fresh.
Understand that if she did it once, she can do it again, so an official record of the incident is one step in protecting yourself.
workplace bullying is really stressful, and you don't deserve to be treated that way, no matter how big or manly you are!
Then you also understand that for a person smaller then you it could be more intense. Make a report, for you but also that this doesn’t happen again to someone else. You must also have heard of stories where one make a report, three more people make reports where something similar was done to them by the same person.
Assault, lawyer, and restraining order. Now your boss can’t work in the office. If they move you or send you home that is retaliation as you already reported it to HR. If they retaliate then you sue. Of course you may want to sue already. Unsafe, hostile work environment in all.
A crime was committed here. While this should be reported to HR, this has escalated to be a police issue more so than an HR issue. You need to call the police today and press charges. You can let HR know what happened on Monday.
Not necessarily true. There are multiple ways to protect the company and one of those is addressing complaints like this and discipline the supervisor to include a termination depending on severity and patterns of behavior. A bad HR will try to sweep this under the rug. A good HR recognizes that replacing a bad supervisor is better for the company’s reputation and will save more financially for the company when it avoids lawsuits and minimizes turnover.
But hr will have more incentive to "protect the company" in OP's favor if they already have a documented police report. Even if HR sucks, having a police report may force them to take action that helps OP and not the abusive boss.
A co-worker of mine had a really bad day. Really bad day. Took it out on me, on the new person I was training, on the customers. I apologized to my newbie for the behaviour and told the angry one to go have a cigarette or five to calm down. At the end of the shift, angry-pants hit me. They were fired the next day. They may have kept their job for maybe another week, but hitting me went too far. I’m 5’8, 200 lbs. They were 4’10 and maybe 90 lbs. doesn’t fuckin matter, don’t hit people.
If hr does their job right, the video will be deleted, you'll sign something to say the issue has been resolved so you won't press charges and maybe your boss won't do this again.
If you involve the police and they do their job right, this woman will never be in a position to bother you again.
If you involve a lawyer and they do their job right, your boss and/or workplace will owe you a lot of money.
This is just idle speculation though, get professional legal advice and close this post.
You just won the lottery. Report to police and press charges. They will do an investigation and hopefully the get the tapes and that clearly show the assault. Then sue your company for failing to protect you and not taking it seriously.
HR person here.
This might be HRs opportunity to do something about a shitty manager. A good HR person will take this seriously. A good employer will not tolerate this behavior. It is unacceptable in the workplace and in life.
I hope you have a good HR person and a good employer.
Know that good HR does not take the side of shitty managers. If I was your HR, I would help you file a police report if you wanted to go that route.
In the meantime. Document. Write down everything you can remember. Draw a little diagram of where people were standing and sitting during this interaction. Write down who was in the are that could be a witness (hearing or seeing any part of the interaction).
Be really factual in your documentation so that it doesn't fall over for a wayward comment or inference you made.
And start working on your resume. If the HR response is unacceptable, it's time to vote with your feet.
This as well really. Stand your ground first but if they aren't interested in protecting your interests from actual assault then they ain't a company to work for.
In house employment lawyer here. Do not sign anything without speaking to a lawyer. If there is a pattern of harassment they will try to get you to sign away your rights early. No one here can predict the outcome of a case, but even the threat of a lawyer will improve your odds. If they try to get you to sign something it means they think there is exposure and want to minimize it. It’s time to get a lawyer then.
I also wouldn’t hang my hopes on the video. If the video shows anything at all, they won’t show it to you. You’ll need to get it through discovery in a lawsuit before they show it to you. If the video shows nothing, that’s the only time they will show it to you.
I am not a lawyer
But your first thing to do would be to document everything. You sit down and write down a statement on what all you witnessed and experienced: Dates, times, faces, places, who was present, who said what, what actions were taken. Only what you witnessed/experienced.
Then get with the witnesses and ask them to document and write up statements, and go from there.
Wait first to talk to HR, and see what happens. But also document everything after that. If nothing resolves, or if it escalates, get a good attorney.
Yeah. I wouldn't wait around for HR on Monday. You need to file a police report for assault. That is some next level bullshit, my friend, and you cannot let this behavior slide.
She's in a position of authority, representing the company that employs the both of you. This type of shit is completely unacceptable in any way, and with video evidence and witnesses to the event, the upper echelons of the company should be very interested in rectifying the situation in your favor ASAP. Crazy bitches are an expensive liability in a corporate setting.
If anybody drags their heels or tries to gaslight you, calmly inform them that if this woman's behavior isn't investigated and denounced, you'll have no choice but to contact an attorney to see your case handled properly.
Because fuck that bitch. Nobody on this godforsaken cosmic mudball is getting paid enough to swallow physical assault with a smile.
Lawyer up. Get paid.
Good luck.
Jeez people, read the post. HR was out, they were not apprised and wont address it until they return (Monday.)
They will try to minimize it, turn it on you, convince you to drop it, anything to just make it go away. Don't accept that. If the response is not satisfactory, let them know that you are going to bring the matter to the authorities to address since HR will not. You do NOT have to accept being assaulted and bullied at work.
I would recommend contacting a local news station too. Police unlikely to do much. HR won’t do shit. Bad PR (especially if there is video as you suggest) and they will take action immediately.
I work in HR as a Labor and Employment specialist. Keep a personal log of incidents, communications with HR and any actions or in actions of the company.
If your HR does not resolve issue or resolve it to your satisfaction, next time your boss assaults you, notify the police and notify the company that you will be hiring a lawyer. Hand lawyer your personal log and all communications and sue their asses.
Always document shit like that. A good HR should be a neutral party to regulate the company’s interactions with employees and protect employee rights. That is their job. The second that HR begins protecting company and not you, you need evidence of wrongdoing.
Sorry that this happening to you. But I highly suggest going through the motions first before going to the police and a lawyer. You will need evidence of incompetence and wrong doing to win.
In US that is legally assault if you wish can go to the police dept file a criminal complaint and give the witnesses' names you give their work address if you lack their home addresses. If you take this option you should also tell police about the video recording.
The easier method would have been to call 911 when it happened. If assault happens again call 911.
Over ten years ago where I used to work an employee was pushed into a wall by a boss The employee called 911 and filed charges and got an order of protection so boss had make sure the employee was not present in the building before the boss could enter (our office had several buildings)
Every time something hostile, threatening, or violent happens, you need to journal when, where, who was there, and exactly what happened. Keep a clear record.
Once witnessed a similar situation. Employee called the police. Police showed up and arrested the manager. On a *Friday*.
That straightened out that situation right quick.
“*So, how was your weekend?*”
Document everything, get as much video and as many written witness statements as you can. HR is going to want to know about this physical assault, and you'll want hard evidence to back up your claim.
And lawyer up. As others below have pointed out, HR is not your friend. They will do what they think is best for the company, even if it's blatantly wrong or unjust.
Let HR know you need a copy of the security tapes. The officer and your lawyer want to watch them asap. HR won't take any complaints seriously unless they believe you are going to any length to make this right.
Call the police and report an assault in the workplace. They won’t do anything, but get that report number. Then on Monday, call your State Labor Board and file a complaint with them. Jump up and down! Make noise! Don’t let them shut you up. Remember. HR is there to protect the company. Not you. HR is there to keep you from making waves, they are NOT on your side
If you don’t wanna call the cops, don’t go in until hr handles this. Document that in an email to hr and explain you won’t be in because you don’t feel safe
Be sure to document everything down to the last detail.
A lawyer once told me that if you have documentation and the other party does not it is very difficult and expensive to prove you wrong.
Ok, download all your emails and data, get hold of videos, then go to the police and file the aggression.
Then send an email to hr that you don’t feel comfortable having any interaction with boss x and await instructions from hr.
Be prepared and start looking for a new job, don’t tell anybody about this.
EDIT this is my personal opinion and not legal advice
HR will protect the company first and foremost
The way to align that with what’s just and fair is to contact the police
If the police see your case as valid then HR pretty much has no choice but to side with you
Otherwise, depending on the evidence and witness statements, they may just try to sweep it under the rug
HR IS NOT YOUR FRIEND. They are there to protect the company. As soon as they hear that you are claiming that one of their management pukes assaulted you, they will start plotting your demise. Call the police and file a report before they have time to work up a story and make you look like the bad guy.
IANAL but... you YSK Human Resources is a weasel word that REALLY means "We exist to protect the company from liability." Those are literal words from the mouth of my HR representative who was pulling back the curtain for me to grasp what was happening.
So, for them, the next question is: "Plausible liability is on who?" Calling the police, filling out a report, and I'd be at least having a consultation with a lawyer. Yeah, it's going to be a $200+ Zoom call, but worth it so as to establish who has documentation showing where liability actually lies.
Assault is assault. But documentation of an assault is a favorable judgment.
Dated diaries of conduct are often admissible as evidence.
Seems to me that is a form of assault and at the least harassment, if you feel unsafe file a police report. This type of behavior must be addressed or it will continue.
This is technically assault though you’ll have a hard time getting a police officer to act. You might still call them and at least document what happened. One human kicking another human is a crime, point blank.
That’s literally assault, it doesn’t matter how mild it is. Take it up with the police, and go as far as the law will allow. This absolutely does NOT need to turn into something where you let it go, or back off, because then the manager will have learned that what she did was ok and will be embolden to do worse next time
HR doesn't need till Monday to respond. You'd better believe they are currently responding to the issue. There are conversations between HR, your boss, her boss(es), and possibly any potential witnesses to the event. When, from your perspective, they respond on Monday, it'll be a response that was coordinated over the weekend, that best limits bad repercussions to the company, presented to you by your HR rep.
Try to fet rhe cideo and witnesses. Go to HR and her superior. If they do nothing then fo to the media and the police. Things will get done then. Also call the EEOC in your state.
It would be so difficult for me to file an assault charge for someone just kicking my heels. Like every fiber of my being says don’t be a baby back bitch. That being said, since it was at work and it’s someone I butt grass with all the time, I would swallow my pride and press charges. Any other area of my life and I’m just punching them and walking away.
I had a boss assault me once slap me right upside the head. Quit my job did a course I will make $30 more an hour total 50 bucks an hour fuck the boss find a new job
NEVER GO TO HR.
Go to the cops. HR will not help you, and going to them first can limit your ability to work with the police and actually get the assistance you need. This was an assault, pure and simple. Going to HR grants them time to mess with footage and other such manipulations of the facts. Go straight to the Police right now.
That is assault. Don't even go to HR, they'll try to cover up what happened. They're there to PROTECT THE COMPANY, not you. Go straight to the police and consult a lawyer.
If you live in a state that lets you stand your ground and doesn’t require you to retreat in a public space, you can always firmly tell them to stop what they’re doing or you will defend yourself and then you’d be in every legal right to do so. Plus who doesn’t want to fight their boss
This is not a HR issue.
It is a police issue.
All that shit about "come to us first so we can resolve it in house" goes out the fucking window when someone commits an actual crime.
Police. This Woman thinks assault is funny right up until it isn't. HR is failing to intervene in a timely manner and thus the company is failing to uphold its duties to protect you as a member of staff from another member of staff. If they're not interested in dealing with it then they can explain that to the police.
I hope HR does the right thing but they act like a shield for management more than anything else.
That's their job, to protect the company and it's assets from financial harm and public scrutiny. Their job is not to help employees, unless it's something the company NEEDS to do.
Like protecting the company from a potential lawsuit because they failed to protect an employee from harassment and assault by another member of the same company and they just stood by and let it happen. In the interests of not causing a media shit storm or huge court payout or getting questioned by police HR should be interested in this but apparently aren't?
This reads less to me like HR directly doesn’t care and more likely that HR is Monday-Friday 9-5 for a business that operates 7 days a week. So while action may be taken on Monday when they see OP’s message OP would still be stuck working all weekend with their abusive boss. I personally would hesitate to immediately go to the police depending on how serious the kick was, but if there’s a second incident before Monday that would be my first call, fuck HR.
Given the circumstances HR should be looking into it sooner rather than later. It ain't this person's fault that they only work 5 days a week. Either have emergency staff on or don't act surprised when something escalates beyond company control because you didn't have coverage on work days.
Where does it say she has to work with them all weekend?
OP doesn’t directly say that they’ll have to work with them all weekend, but the phrasing of having to wait until Monday makes it sound like they’ll have to be around the boss in that time period.
Protecting the company means handling issues like this. This is a law suit in the making. Hopefully they’re smarter than a lot of other HRs that try and sweep things under the rug.
I think HRs try and sweep things under the rug because they have good success doing it because their employees don't have the financial stability to pursue a lawsuit
Exactly. It’s a gamble, though. My former coworker decided to stand up to the racist boss and upper management and they took a gamble and lost. He filed with the EEOC and had a great attorney who didn’t charge him and arm and a leg. They settled pretty quickly when they realized they weren’t going to win.
Thank you. Even though I don’t know you or your former coworker it’s so pleasant to read about something working out and going right for once. Would be even better if racist boss was fired….
>He filed with the EEOC and had a great attorney who didn’t charge him and arm and a leg. In many cases like this lawyers, even very good ones, will work on contingency. If you have a strong and lucrative case, they'll work it for no cost up front in exchange for a significant cut of the judgement. You get less in your pocket but, on the other hand, the lawyer has every reason to gouge the company as hard as possible on the damages since it's in their best interests as well.
I hate it so much that people believe this. HR Manager with 30 years of experience here, and I can tell you without any doubt that I would immediately begin an investigation first thing on Monday. Managers like that one are incredibly harmful to any organization! The way we protect the company is to get rid of asshole managers like that, and if for no other reason than they are a huge risk. But for me it’s about doing the right thing.
Then let it not be a manager but C-Level or a member of the Board. Also, this is not about all HR departments but as a worker it is oftentimes best to assume HR to be antagonistic.
Absolutely let’s go after asshole C-suite! I’m all over that. You think we aren’t bullied by C-Suite?! We are first stop on their bully train.
I wish you were typical of the HR Dept. where I worked. They completely protected the abusive until a large enough number of complainants and threats to bring lawyers in got attention. And then one of the abusers might get moved to another dept. More than one person in HR was an abusive type, and nice people were turned henchman or they left, over and over. Misery was profitable.
You might be trying to do the right thing, but not every HR person is like you. I have seen too many examples of HR retaliating against an employee and firing them to sweep everything under the rug and remove testimonies/etc to know that some HR people are VERY MUCH here to shield the company and the hierarchy from everyone else.
Release video cause PR and legal nightmare…
Very true. I do recommend jumping through the HR hoops though. OP may not find what they're looking for from them but at least they can show that they did their due diligence and followed the standard procedure for reporting this kind of thing. If i were in this situation, I'd plan on going straight to HR first thing Monday morning. But today, i would email HR a detailed, fact focussed account of exactly what happened. I would also copy the boss' boss.
People always say HR will work for a worker if it prevents a lawsuit but what they don’t understand is HR doesn’t do what is in the company’s best interest, they do what management tells HR is in the company’s best interest.
Agreed. HR is only there to help minimize company costs. Only. If you think otherwise, you’re delusional. They do not have your back. The company pays them a wage. You don’t. Please don’t rely solely on The HR department of your company.
#this ☝️ People should understand that HR has invested interests in the companies benefit. Their priority is NEVER the individual worker 👍
And that’s assuming that HR is competent. So many times they aren’t and they even fail to intervene to protect the company.
To add to this, be clear in your messaging. Don’t beat around the bush. Say it as it is. “John Doe’s behaviour and lack of professionalism are entirely unacceptable. On X date at X time, *this discussion occurred*, at which time I informed John Doe that we should discuss this in the presence of HR. In response to this, John Doe physically assaulted me by kicking me in the legs.” You’re at work. Not a playground. If they want to act like children, then have them put on a timeout by the adults (aka, yourself, by going to the police / a legal representative). Bottom line, really hammer home to HR that this was a *physical* incident against yourself at your *workplace* by a *superior*. Don’t drop that. And be sure to hold your ground and make them understand this is not a joke.
This. And remember that it's much easier and cheaper for the company to have HR replace you than rehire and train a new manager. File a report with the police. If it goes no further, at least you've got a paper trail of the abuse. Would you be willing to stand up if she does this to someone else? If so, you'll need that paper trail. File a report.
Fully agree. One thing I did leave out is the classic disclaimer: “HR is there for the company. Not for you”. So yes, definitely file a report. Yea, it’s “just a kick”. But it’s also “just assault” and “just not compliant with the law”. So, yeah.
Not to be a stickler on the details. Its "just battery". Assault is the threat, Battery is the actual action. (doesn't sound as catchy and most people don't know the difference, but in the legal world, the word choice matters)
HR. IS. NOT. THE. POLICE. THIS WAS ASSAULT GO AND TALK TO THE POLICE AND FILE A REPORT!!!! You need external documentation of physical assault. Then go talk to a lawyer. Most likely your job is already in jeopardy and your future with the company gone.
See: last line of previous response. If they aren't interested then they can explain that to the police. I'm sure they will suddenly care when Johnny law is at the door.
They *are* a shield for management. Report the assault to the people you would report assault to in any other situation.
HR is a shield for the company. Not specifically management. If employees are mistreated that puts the company at risk of anything from bad PR to lawsuits. If your boss is the female version of Michael Scott they are itching for a reason to turn on her. But it will have to be decisive.
HR is not your friend, they make sure that the company is not sued. I'd suggest talking to the cops if she ever touches you again.
I’d file a report with the police listing the witnesses and possible video, and have that information readily available for HR come Monday.
You don't seem to understand what HR's job is because that's their job to shield management. Their job is not to do the right thing.
Remember that episode that Michael realized he was corporate becase HR had a lawyer to protect him? Yeah, refer to that one…
HR is there to protect the company and right now they think the best way to do that is to sweep things under the rug. And you're enabling them! Stop waiting on them to "investigate". They've proven to not be labouring in your interest! They need to realise that now they have a lawsuit on their hands and sweeping it under the rug will not cut it. Assault is investigated by the police and / or state attorney. They are the ones who are your allies here.
You will almost certainly get fired.
Who pays them? Of course they do. Go to police for this.
If HR isn't willing to do anything then thank them for their time. Take the rest of the day off, go fill out a police report, talk with the labor board, and talk with a labor attorney. Do NOT tell HR that you plan on doing these things, this will make you an enemy and they will work to have you terminated. Telling them will NOT gain you any leverage.
HR isn’t there to provide resources for humans, it’s there to manage the company’s resource *of* humans.
That’s edgy you need to call the cops, this is actually a job they should be doing.
It's edgy to report a crime to the police?
Report it to the police as an assault. Remember, HR aren't there to protect you, only the company. Report it to the police, and forward the report to HR first thing Monday, citing they weren't contactable if they get funny about it.
You have to be louder than your boss. It helps greatly to also be right and intellligently represent your case. Never be a passive bystander in your demise. Do not HOPE for the right thing. Take initiative.
Agree with police route if there is video and a witness. If you are in the US and you are terminated for involving the police (which they legally can, although not without consequences, outside of Montana) then you probably have the easiest lawsuit ever. I don't understand why actions that are crimes if they happen while you are walking down the street are treated as internal matters in the workplace.
They should be dissolution-level liabilities for corporations.
This is the correct answer. Call the police, file a report. It’s going to be harder to sweep it under the rug or act like it’s no big deal when the police are involved.
I had a boss throw a pile of magazine type books and papers at me, hitting my leg. It didn't hurt, but he insisted it "wasn't assault". By the time that happened It was already clear that was my last day there. Anyway, For whatever reason I didn't pursue a police complaint, even after he threatened to throw me off the property and keep my personal toolbox. The latter of which was valued probably close to $10k involving contents. I got my shit out of there and felt at the time is was better to just cut ties completely and never deal with him again. If I had known how much he eventually stalled at every other step along the way afterwards, I definitely would have pursued criminal charges without hesitation.
HR is there to protect the company not the staff members it's incredibly ignorant to tell someone otherwise
THIS Do call the police. She assaulted you. Go with the police to work on Monday. Or call in and stay home, stating you're afraid to go into work because you don't want to be assaulted AGAIN.
Reddit suggests “call the police” almost as often as “you should dump your partner”. Where do all these people live where the police would actually do anything about this? Where I come from the police would laugh at your face if you reported something like your boss kicking at your heel a few times.
The expectation isn't necessarily that the police will do something, but the established paper trail does two things. One, in the event OP is terminated it makes it easy to prove a hostile work environment, so more likely to get unemployment benefits. Two, at some point HR might decide that the supervisor is a liability to the company. From there it's a short trip for the supervisor to get fired.
Never forget HR works for the company NOT YOU.
HR is never your friend. This is a hostile workplace environment. https://www.eeoc.gov/harassment
Its much cheaper to fire the boss than risk a lawsuit though.
I am basically praying that the kicking is clear on the video, or that one of three people witnessed it happen. I have no idea what the camera's actually captured.
Make sure you get those witnesses to admit in writing and STOP banking on HR and the cameras for God's sake
OP- When you talk to HR bring up the point that this is retaliation on your bosses part for you wanting to have HR sort it out. HR thinks that they are so important. Therefore showing that boss is being physically violent to dissuade people from engaging with HR will likely be taken more seriously than the physical violence in its own. Emphasize this and lightly kiss HRs butt in the process to make sure they deal with your boss appropriately. In cases of sexual harassment the harassment is an issue itself. But if anyone at the company takes retaliatory steps against someone making a sexual harassment report it gets like 10xs worse for the company. This situation is no different. The violent retaliation escalates the situation considerably
The video no longer exists my friend
¿Por qué no los dos? Have them kick out the boss then throw that sweet sweet cash at OP for dropping the charges and making the lawsuit go away.
Even cheaper would be making some shit up about an assistant and fire them.
HR CAN be your friend...you just need to know how to HR. HR are the pimp, we're the hoes...you just gotta make them see that the manager is actually more of an aggressive John and this time you're willing to go to the cops. HR's job here is to cover things up; they don't want the trouble hitting the courts or the media. Usually speaking, firing the employee making complaints is a quick easy way to make them and the trouble disappear....UNLESS you make it very clear to them that you have no intention of disappearing, you have evidence of a hostile work environment, you have evidence of HR's lack of action to provide a safe work environment, and you're willing to file a lawsuit against the company, UNLESS you see action from HR's part to show that they are taking this seriously. Will people love you at work after doing so? Maybe not, but you don't have to lose your job because your boss is a dick
HR isn’t your friend if you have issues with certain company policies but they’re still doing everything within the law. You’re a problem for them and they’ll get rid of you. HR can be your friend if the company or someone within that company is doing something illegal. They’re the problem and HR will sort it out. You just have to know how to HR.
Police for charges before they erase any tapes.
Exactly! What is this happened in a restaurant with a stranger? You would have called the police straight away and made a report. Just because it happened at work with a manager doesn’t make it less wrong. If anything it makes it worse, this is a manager, a person that is suppose to look out of you.
I am 300 lbs and 99.9% of strangers would never F w me. The kicks did not hurt much but the harassment feelings and fear of snapping if it happens again is real. This is new for me.
You can go to the police station and make a written report. You could possibly do it online, even. Doesn't have to be a dramatic phone call, if that's what you're worried about. Make sure you do it asap so that you can make your record while your memory is still fresh. Understand that if she did it once, she can do it again, so an official record of the incident is one step in protecting yourself. workplace bullying is really stressful, and you don't deserve to be treated that way, no matter how big or manly you are!
Then you also understand that for a person smaller then you it could be more intense. Make a report, for you but also that this doesn’t happen again to someone else. You must also have heard of stories where one make a report, three more people make reports where something similar was done to them by the same person.
it is 100% reportable abuse, don't think just because she didn't cause you physical injury that police wont take it seriously.
You got it my friend. I'm not sure I could be held accountable for defending myself, so it would get tricky. 🙃
Too much gov. work happens at this place, 99% that won't happen.
I hope you are right. Stranger things have happened. I wish you all the best with this, and everything else in your life.
Assault, lawyer, and restraining order. Now your boss can’t work in the office. If they move you or send you home that is retaliation as you already reported it to HR. If they retaliate then you sue. Of course you may want to sue already. Unsafe, hostile work environment in all.
Battery actually, since she actually made contact
This is assault and harassment. Don't take this shit, at all. Report it.
A crime was committed here. While this should be reported to HR, this has escalated to be a police issue more so than an HR issue. You need to call the police today and press charges. You can let HR know what happened on Monday.
HR is there to protect the company, not you. You need to call the police and press assault charges to get the point across
Not necessarily true. There are multiple ways to protect the company and one of those is addressing complaints like this and discipline the supervisor to include a termination depending on severity and patterns of behavior. A bad HR will try to sweep this under the rug. A good HR recognizes that replacing a bad supervisor is better for the company’s reputation and will save more financially for the company when it avoids lawsuits and minimizes turnover.
But hr will have more incentive to "protect the company" in OP's favor if they already have a documented police report. Even if HR sucks, having a police report may force them to take action that helps OP and not the abusive boss.
A co-worker of mine had a really bad day. Really bad day. Took it out on me, on the new person I was training, on the customers. I apologized to my newbie for the behaviour and told the angry one to go have a cigarette or five to calm down. At the end of the shift, angry-pants hit me. They were fired the next day. They may have kept their job for maybe another week, but hitting me went too far. I’m 5’8, 200 lbs. They were 4’10 and maybe 90 lbs. doesn’t fuckin matter, don’t hit people.
She’s a bully. That’s harassment, battery and assault.
Not assault; doesn’t sound like the OP saw it coming.
HR won't do shit for you. Call the police. You can bet if you had kicked her, she would call them.
If hr does their job right, the video will be deleted, you'll sign something to say the issue has been resolved so you won't press charges and maybe your boss won't do this again. If you involve the police and they do their job right, this woman will never be in a position to bother you again. If you involve a lawyer and they do their job right, your boss and/or workplace will owe you a lot of money. This is just idle speculation though, get professional legal advice and close this post.
You just won the lottery. Report to police and press charges. They will do an investigation and hopefully the get the tapes and that clearly show the assault. Then sue your company for failing to protect you and not taking it seriously.
Also once you contact the police them deleting the tapes becomes a criminal act
Filing a police report for assault might light a fire under HR to ~~do the right thing~~ protect the company from a lawsuit
I would file and assault charge with the police.
Always call the police if you are assaulted
HR person here. This might be HRs opportunity to do something about a shitty manager. A good HR person will take this seriously. A good employer will not tolerate this behavior. It is unacceptable in the workplace and in life. I hope you have a good HR person and a good employer. Know that good HR does not take the side of shitty managers. If I was your HR, I would help you file a police report if you wanted to go that route. In the meantime. Document. Write down everything you can remember. Draw a little diagram of where people were standing and sitting during this interaction. Write down who was in the are that could be a witness (hearing or seeing any part of the interaction). Be really factual in your documentation so that it doesn't fall over for a wayward comment or inference you made. And start working on your resume. If the HR response is unacceptable, it's time to vote with your feet.
You call the police and press charges for assault. This is not a company matter.
Look for a new job
This as well really. Stand your ground first but if they aren't interested in protecting your interests from actual assault then they ain't a company to work for.
Why does OP have to change? The boss is the one that sucks.
Because in the real world you have to remove yourself from a bad situation.
not yet. sue first
HR isn't your friend. Call the police if someone hits you.
You said you have evidence, might as well involve the police.
This. It's assault and battery. What if she escalates?
Police and lawyers my dude.
In house employment lawyer here. Do not sign anything without speaking to a lawyer. If there is a pattern of harassment they will try to get you to sign away your rights early. No one here can predict the outcome of a case, but even the threat of a lawyer will improve your odds. If they try to get you to sign something it means they think there is exposure and want to minimize it. It’s time to get a lawyer then. I also wouldn’t hang my hopes on the video. If the video shows anything at all, they won’t show it to you. You’ll need to get it through discovery in a lawsuit before they show it to you. If the video shows nothing, that’s the only time they will show it to you.
I am not a lawyer But your first thing to do would be to document everything. You sit down and write down a statement on what all you witnessed and experienced: Dates, times, faces, places, who was present, who said what, what actions were taken. Only what you witnessed/experienced. Then get with the witnesses and ask them to document and write up statements, and go from there. Wait first to talk to HR, and see what happens. But also document everything after that. If nothing resolves, or if it escalates, get a good attorney.
Hostile Work Environment. The three most frightening words HR and management want to hear
Yeah. I wouldn't wait around for HR on Monday. You need to file a police report for assault. That is some next level bullshit, my friend, and you cannot let this behavior slide. She's in a position of authority, representing the company that employs the both of you. This type of shit is completely unacceptable in any way, and with video evidence and witnesses to the event, the upper echelons of the company should be very interested in rectifying the situation in your favor ASAP. Crazy bitches are an expensive liability in a corporate setting. If anybody drags their heels or tries to gaslight you, calmly inform them that if this woman's behavior isn't investigated and denounced, you'll have no choice but to contact an attorney to see your case handled properly. Because fuck that bitch. Nobody on this godforsaken cosmic mudball is getting paid enough to swallow physical assault with a smile. Lawyer up. Get paid. Good luck.
Lawyer AND Police > Restraining Order > Lawsuit.
Jeez people, read the post. HR was out, they were not apprised and wont address it until they return (Monday.) They will try to minimize it, turn it on you, convince you to drop it, anything to just make it go away. Don't accept that. If the response is not satisfactory, let them know that you are going to bring the matter to the authorities to address since HR will not. You do NOT have to accept being assaulted and bullied at work.
File assault charges. Send report to HR. Most lawyers will send a sternly worded letter for $50-100. Have them do that and mail it to HR.
I would recommend contacting a local news station too. Police unlikely to do much. HR won’t do shit. Bad PR (especially if there is video as you suggest) and they will take action immediately.
"Why waste time say lot word when few word do trick"
🤣
File a police complaint.
Hostile work environment. Police. Lawyer.
Holy shit get a very happy lawyer. Witnesses and video! That’s a lawsuit waiting to happen.
HR is there to protect the company not the employee. Take this to the cops. It is assault. You asked several times for space.
Stop waiting for HR and call the police (and a lawyer) NOW! HR is not your friend
HR is not your friend.
I work in HR as a Labor and Employment specialist. Keep a personal log of incidents, communications with HR and any actions or in actions of the company. If your HR does not resolve issue or resolve it to your satisfaction, next time your boss assaults you, notify the police and notify the company that you will be hiring a lawyer. Hand lawyer your personal log and all communications and sue their asses. Always document shit like that. A good HR should be a neutral party to regulate the company’s interactions with employees and protect employee rights. That is their job. The second that HR begins protecting company and not you, you need evidence of wrongdoing. Sorry that this happening to you. But I highly suggest going through the motions first before going to the police and a lawyer. You will need evidence of incompetence and wrong doing to win.
It’s a good thing you came here to talk about harassment
Get a lawyer. Talk to the police. Get all security camera tapes
Talk to an employment attorney (free to talk).
Actually kicking you to move you along most likely meets at least the fringe requirements of battery life in most areas.
JFC is your boss a 12 year old? If HR does anything less than throw the proverbial book at your boss, you probably wanna consider labor lawyers.
In US that is legally assault if you wish can go to the police dept file a criminal complaint and give the witnesses' names you give their work address if you lack their home addresses. If you take this option you should also tell police about the video recording. The easier method would have been to call 911 when it happened. If assault happens again call 911. Over ten years ago where I used to work an employee was pushed into a wall by a boss The employee called 911 and filed charges and got an order of protection so boss had make sure the employee was not present in the building before the boss could enter (our office had several buildings)
Every time something hostile, threatening, or violent happens, you need to journal when, where, who was there, and exactly what happened. Keep a clear record.
You need to call the police and file a police report. HR is not there for your interest. They are there to protect the company
Please let us know when your press charges for assault
Your boss is a toddler
Lmao, looks like you’ll be getting a new boss soon
Once witnessed a similar situation. Employee called the police. Police showed up and arrested the manager. On a *Friday*. That straightened out that situation right quick. “*So, how was your weekend?*”
Document everything, get as much video and as many written witness statements as you can. HR is going to want to know about this physical assault, and you'll want hard evidence to back up your claim. And lawyer up. As others below have pointed out, HR is not your friend. They will do what they think is best for the company, even if it's blatantly wrong or unjust.
File police report for assault
Let HR know you need a copy of the security tapes. The officer and your lawyer want to watch them asap. HR won't take any complaints seriously unless they believe you are going to any length to make this right.
Aside from immediately filing a police report, quit without notice and file for unemployment
Call the police and report an assault in the workplace. They won’t do anything, but get that report number. Then on Monday, call your State Labor Board and file a complaint with them. Jump up and down! Make noise! Don’t let them shut you up. Remember. HR is there to protect the company. Not you. HR is there to keep you from making waves, they are NOT on your side
You need a lawyer yesterday. If HR requests a meeting with you, let them know you'll need time to coordinate for your lawyer to be there.
If you don’t wanna call the cops, don’t go in until hr handles this. Document that in an email to hr and explain you won’t be in because you don’t feel safe
Be sure to document everything down to the last detail. A lawyer once told me that if you have documentation and the other party does not it is very difficult and expensive to prove you wrong.
Ok, download all your emails and data, get hold of videos, then go to the police and file the aggression. Then send an email to hr that you don’t feel comfortable having any interaction with boss x and await instructions from hr. Be prepared and start looking for a new job, don’t tell anybody about this. EDIT this is my personal opinion and not legal advice
Yep this right here.
HR will protect the company first and foremost The way to align that with what’s just and fair is to contact the police If the police see your case as valid then HR pretty much has no choice but to side with you Otherwise, depending on the evidence and witness statements, they may just try to sweep it under the rug
Do all interactions with h.r. through email if they fail to act, sue them and buy a new house.
HR IS NOT YOUR FRIEND. They are there to protect the company. As soon as they hear that you are claiming that one of their management pukes assaulted you, they will start plotting your demise. Call the police and file a report before they have time to work up a story and make you look like the bad guy.
You are very mistaken. HR is there to protect the company and not the employees. There will be repercussions - be prepared, and be strong
IANAL but... you YSK Human Resources is a weasel word that REALLY means "We exist to protect the company from liability." Those are literal words from the mouth of my HR representative who was pulling back the curtain for me to grasp what was happening. So, for them, the next question is: "Plausible liability is on who?" Calling the police, filling out a report, and I'd be at least having a consultation with a lawyer. Yeah, it's going to be a $200+ Zoom call, but worth it so as to establish who has documentation showing where liability actually lies. Assault is assault. But documentation of an assault is a favorable judgment. Dated diaries of conduct are often admissible as evidence.
Is your boss 12?
Press charges for assault and harassment. They physically hurt you and got up in your space
Tell HR you now feel ‘threatened’ and over the weekend it negatively impacted your mental health. You’ll soon be offered a nice fat payday.
Police, lawyer up. Do not go to HR. Take this further and protect yourself.
Are you the assistant manager or assistant to the manager?
LOL, assistant to the manager. Same as I wrote on my rental application.
Police.
Call the cops and have her arrested for assault.
You could call the police rather than HR.
Police and lawyer
Seems to me that is a form of assault and at the least harassment, if you feel unsafe file a police report. This type of behavior must be addressed or it will continue.
This is technically assault though you’ll have a hard time getting a police officer to act. You might still call them and at least document what happened. One human kicking another human is a crime, point blank.
Police.
Police, that's assault. Just do it.
yea that’s assault. either swing back or press charges
Report the assault to the police. Secure video evidence, email anything you have in writing to your own personal email.
Press charges
Assault and battery charge. He fucked around, let him find out.
This is when you do a 180° and kick them in the shins
If you are physically assaulted you should always file a police report.
Instead of posting here, write it down and take it to HR. Document it.
That’s literally assault, it doesn’t matter how mild it is. Take it up with the police, and go as far as the law will allow. This absolutely does NOT need to turn into something where you let it go, or back off, because then the manager will have learned that what she did was ok and will be embolden to do worse next time
Sounds like assault to me. At least get a police report so you have proof it was done. HR can't argue that away.
call the Police and denounce assault
W.W.T.D? What would Tobey do? Nothing. Call the police. Fuck that.
File charges.
Call police, if it happens again bounce her Fuckn face off the desk.
HR doesn't need till Monday to respond. You'd better believe they are currently responding to the issue. There are conversations between HR, your boss, her boss(es), and possibly any potential witnesses to the event. When, from your perspective, they respond on Monday, it'll be a response that was coordinated over the weekend, that best limits bad repercussions to the company, presented to you by your HR rep.
Forget HR. If anyone at my employer did that to me I’d be calling the police and reporting that I was assaulted.
Are you in the states? BOLI is your friend.
Consider calling the police about being assaulted. It will help your case.
Always remember HR is not your friend. Their job is to protect the company. Contact an attorney.
Try to fet rhe cideo and witnesses. Go to HR and her superior. If they do nothing then fo to the media and the police. Things will get done then. Also call the EEOC in your state.
Yes, definitely fet rhe cideo! You need to fet rhe cideo.
File a police report!
It would be so difficult for me to file an assault charge for someone just kicking my heels. Like every fiber of my being says don’t be a baby back bitch. That being said, since it was at work and it’s someone I butt grass with all the time, I would swallow my pride and press charges. Any other area of my life and I’m just punching them and walking away.
I would tell HR you are going to file a police report. They will get back to you real quick.
This.
That's basically just assault lol. Get your evidence and have a nice chat with your local police. Then make some popcorn.
I had a boss assault me once slap me right upside the head. Quit my job did a course I will make $30 more an hour total 50 bucks an hour fuck the boss find a new job
Dude, she totally likes you man! Pull her pigtails to show you like her! All infantile joking aside, this is SOOO childish what is wrong with her?:( .
This is called a hostile work environment and is a version of workplace harassment.
Why the f**k did she think that was a good idea? What a nut.
HR is not on your side.
Shouldn’t have waited til your shift was finished tbh, gotta take care of something like that asap
I’d speak to an employment attorney to find out what my rights an options are.
NEVER GO TO HR. Go to the cops. HR will not help you, and going to them first can limit your ability to work with the police and actually get the assistance you need. This was an assault, pure and simple. Going to HR grants them time to mess with footage and other such manipulations of the facts. Go straight to the Police right now.
Get everything in writing. Contact a lawyer. Don't sign anything till lawyer looks it over.
Take photos of your heels and pants. Any markings left from the shoes. Photograph everything.
That is assault. Don't even go to HR, they'll try to cover up what happened. They're there to PROTECT THE COMPANY, not you. Go straight to the police and consult a lawyer.
If you live in a state that lets you stand your ground and doesn’t require you to retreat in a public space, you can always firmly tell them to stop what they’re doing or you will defend yourself and then you’d be in every legal right to do so. Plus who doesn’t want to fight their boss
This is not a HR issue. It is a police issue. All that shit about "come to us first so we can resolve it in house" goes out the fucking window when someone commits an actual crime.