QUESTION
Can someone sue a person and the company they work for if they were in uniform but off the clock for assault?
Asked on May 27th, 2015 on Labor and Employment - Wisconsin
11 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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That would be a no.
Answered on Aug 28th, 2015 at 8:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Sue the individual, yes, but whether he has any money is problematic. You can't sue the employer, first because he was not on the clock, and second, because they will claim that he was not performing his job duties.
Answered on Jun 23rd, 2015 at 3:07 PM
Probably, but whether the claim against the company will be dismissed depends on all the facts and applicable law.
Answered on Jun 23rd, 2015 at 3:07 PM
James Eugene Hasser
Certainly the assailant can be sued, but collecting any judgment you may get may be a problem. It depends on the facts and circumstances with the employer as to whether it could be liable. There are potential Comp Act and insurance coverage issues as well. Without going into a dissertation on the laws on this, I would say you're best off consulting an experienced comp lawyer. Good luck.
Answered on Jun 23rd, 2015 at 3:07 PM
I do not know if the company would be liable or not for the acts of off duty employees, still in uniform. I suggest you go ask a personal injury attorney. If you have a case, they would love to talk with you for free.
Answered on Jun 23rd, 2015 at 3:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally you can sue the assailant only, and not the company they work for unless the assault can be proven to be part of job description for the individual undertaken on behalf of his employer. Given the fact that the person you're speaking of was off the clock but in uniform, it would be very doubtful the company would be involved.
Answered on Jun 23rd, 2015 at 3:07 PM
Ronald A. Steinberg
Obviously, you can sue the person that assaulted you. As to the company, probably not. First, not "on the clock" or in furtherance of the company's business, and second, outside of the job classification.
Answered on Jun 23rd, 2015 at 3:07 PM
Thomas Edward Gates
Any one can get sued. To prevail, they will have to show that the employee was operating within its job description and/or that the company was negligent in supervising the employee.
Answered on Jun 23rd, 2015 at 3:06 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Probably there would be no employer liability off the clock.
Answered on Jun 23rd, 2015 at 3:06 PM
Edwin K. Niles
Anyone can sue anyone. Is the employer responsible? Probably not, unless he had prior knowledge that the assaulter had a propensity for violence.
Answered on Jun 23rd, 2015 at 3:06 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally speaking, wearing the assailant's wearing a uniform should not affect the employer's liability (or lack of liability). However, if the wrongdoer made use of the uniform in some way to carry out the crime (e.g. pretending to have some legal authority that the uniform may suggest), then the employer might be liable. Consult an experienced personal injury lawyer. Good Luck.
Answered on Jun 23rd, 2015 at 3:06 PM