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Was attacked at Work Defended tried to defend myself and was fired

by Ron
(Las Vegas,Nv)

I work in the state of Nevada a coworker choke me on the job site. I got his hands from around my neck. we were face to face with each other. He took a swing at me I got him in a head lock. I notified my lead guy that I wanted to leave the job site and that I wanted to call our project manager. They convinced me to stay and work and not to tell the head boss.

We came into work the next day and I was fired because I put him in a head lock trying to stop him from punching me. I had my phone interview this week. Do you think I have a good case to win my benefits?

Response for: Was attacked at Work - Tried to defend myself and was fired

Very often, when someone asks me to tell them if I think they will get their benefits or not, they leave out the information I think would be important to know before I open my mouth .. so to speak.

But, when I ask the questions I think I need the answers to .. most people just don't answer me.

First thing I would want to ask you is .. what happened to the other guy? Did he get fired to?

Secondly, I would want to know if there were any witnesses to the altercation .. both those with the authority that would testify for the employer or any co-workers that might testify on your behalf?

Thirdly, does the employer have a written policy regarding what they do when this type of thing happens.

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Apr 24, 2012
by: Ron

Hello this is Ron replying to your question yes the other guy was fired as well. My lead guy watch everything going down he did not try to stop the guy from choking and hitting me at the time. Thats when I put the guy in a headlock t stop him we rolled around on the ground and thats when they broke us up.

The reason I asked is because when the employer doesn't uniformly enforce a rule it weakens their burden to prove misconduct in general .. if you can prove it.

So, since it's doubtful that the other guy will be a witness for you and admit he instigated and you were just defending .. I'd say the whole matter comes down to whose testimony would be most credible .. yours or the direct witness for the employer .. the lead guy who watched and then broke up the fight.

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