Assault & Battery

Assault & Battery | Attorneys, Lawyers & Legal Resources

Assault

When an employee makes a threat or tries to harm another employee, it is considered assault. A threat that is meant to be a prank could even be deemed an assault if enough fear is instilled in the target, and they have reason to believe that the threat will become reality. For instance, if a manager raises his fist to an employee in an act of rage and says, "I'm going to knock some sense into you," this would be defined as assault if the employee is under the impression that the manager is going to strike them.

No contact or physical harm is a requirement for making an assault claim. By law, an assault could be a tort and criminal offense. In many sexual harassment cases, which are infringements upon federal law, body language and statements made by the alleged wrongdoer may also be viewed as a form of assault.

Battery

Battery is an act of tort in which the assailant comes in contact with another employee, typically in a violent rage, against that employee's wishes. The definition of battery also addresses objects that would be considered close to or part of the victim. This would include personal property such as articles of clothing, a vehicle, or the employee's desk. If an employee is the victim of constant touching, no matter how harmless, they may be eligible for nominal damages. A realistic example of battery at the workplace could entail a supervisor who is upset with an employee that decides to slam an object down onto their desk or knock an object off of it in disgust. Similar to assault, there are both criminal and tort components of battery.