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What can i do if an employee of a restaurant hits me (a customer)?
Anonymous4 views3 answers
I live in Texas. I was waiting for my brother to take my order when another employee, that knows me, asked me very rudely if she could help me. I said no, that i would wait for my brother to take my order. She started calling me names and i told her i wasn't there to cause any problems for her so she could just get back to work and she said i am working and continued with the foul language. Then she got on the other side of the register, where i was at, and said that she clocked out and that what was i going to do about it.
Typically an employer is not liable for assaults committed by its employees. Some exceptions to that rule include: 1) where the employer knew of the employee's dangerous character and did nothing, 2) the employer failed to properly supervise the employee, and 3) where the employee is performing a non-delegable duty on behalf of the employer.
Depending on the answers to those three questions, you may be able to sue the employer. You may also press criminal charges against the girl that hit you. Finally, you can sue the girl that hit you for money damages, although unless she is pretty wealthy, you probably wouldn't be able to collect much from her.
If anyone hits you, you can call police who will take a report on an assault charge. The police will present the allegations to the prosecutors' office and charges may be filed.
If she was on duty or at the restaurant, you can also report the incident to the manager.
