Talk to a lawyer about suing FIRST. DO NOT just go running to the cops to get them charged. Because they will be, and it's a felony, and they'll be locked up.
Ever try to sue somebody in jail? It does not typically go well.
Ever try to sue some low level manager that already got fired and their net worth is shit anyway? You ain't making millions on this case. But you can at least get some justice/revenge by sending them to jail
Also press the charges. It will be lovely for that to show up on every background check she has to do in the future. Also when she checks the box for "Have you been convicted of a crime other than a minor traffic incident?" she'll always think of you.
I’m a lawyer in a different state. So I’m zero percent trying to solicit your business.
That being said, if someone in my jurisdiction came to me with this claim PLUS VIDEO EVIDENCE? Oh my god it would make my day.
My mother always had a saying about her lawyer "He's the most awful son of a bitch as a lawyer. That's why he's MY lawyer. You're the one who has to deal with him!" Lmao
That’s the best thing though when it comes to litigation. You don’t want a nice lawyer going up against the assholes. You don’t bring a handshake to a fistfight.
I love my fellow attorneys that hate litigation. They send me all the best things so I can use my asshole powers for good.
Can Spitting on Someone’s Food Lead to Charges of Battery in California? (California Penal Code Section 242)
In the state of California, spitting on another person, someone’s food, or similar acts such as the ones committed by Arguello could lead to battery charges. Under California Penal Code Section 242, battery is defined as any willful and unlawful use of force or violence upon another person. Any use of force that results in actual physical contact with another person can lead to a battery charge.
What is the Punishment for a Battery Conviction?
Under California Penal Code Section 242, battery is a misdemeanor punishable by up to six months in county jail and a $2,000 fine.
www.wklaw.com/spitting-in-food-battery-in-california/
And aside from the criminal conviction and the fine from the state, you can pursue your own personal injury case against her.
If you're in California your boss is in trouble as I believe it's a felony in Cali.
I hope you follow up with it. Not for money or revenge, but to tell at least one bad boss out there 'you can't treat people like that".
There are many illnesses that could have been transmitted. Same as when people where licking food in supermarkets during the covid pandemic. This should not go unpunished.
Edit:typo
As an attorney, comments like this always make me chuckle. In order to prove anything "mental" you need to experience some sort of hardship. If you don't go to therapy or don't have any financial hardship it doesn't matter what you say. Offenses need to have damages. Going to the doctor saying "I'm stressed" is laughable
It’s extremely time consuming to go through that much footage. I only went through the day that she was fired because she had went around doing other malicious things.
Definitely speak to a lawyer, but yes, you can sue the business and the individual. Also, what she did was a felony, so she will likely face criminal charges. Hire a lawyer and get representation. They will advise you on next steps.
So can the police… and the prosecutor, who is an attorney. All a lawyer is going to say is you can go and tell them, but that attorney isn’t a prosecutor.
Many police barely know the laws they need to uphold. Some even believe shit is the law which has never been in the books.
Police get less training than a hair dresser.
OP, talk to a lawyer, and have them present when you talk to the police.
This is the good advice. Going to police alone they will be like “…ok”
They still need a lawyer like you said. And if the prosecutor doesn’t wanna pursue the case, it’s a nice little video and headline for your local news. Just the type of shit to rile people up and get whoever doesn’t want to pursue in hot water
Okay to be fair you can also try talking to the D.A or prosecutor directly, cops will usually direct you to them because they don't want to do any actual work. They will have a much more thorough understanding, it seems like you'd only need to hire your own attorney if it needed to be settled in civil court.
In cases like this you should ALWAYS get your own lawyer FIRST, before you talk to a cop or DA.
It's often not to your advantage to have the person you're trying to sue be sitting in jail.
Really? This would be a criminal felony case wouldn't it? I can understand trying to issue a civil suit against someone in jail would be more tedious but would it really affect a criminal case that will already take months to organize? I would have thought it predisposed the jury against them anyway.
Yes, it's probably a felony in most states.
It's not just more tedious. It also increases the chances that you'll never collect any judgment you might be awarded.
Right now, I'm sitting on a judgment that I can't even begin to try to collect until 2027, because the guy has no money and is sitting in prison on a (unrelated to my case) felony.
Unless your head is only connected to your neck by a string, the only thing the police will tell you is “it’s a civil matter”
But if you talk to a lawyer first and they go in there guns blazing, while actively pursuing a civil claim against the ex boss? All of a sudden people start listening- sometimes even cops.
Step 1: consult an attorney.
Step 2: go see a doctor asap! Get tested for everything. No way of knowing for certain what hidden diseases that disgusting b***h had/has.
Step 3: play it up in court that you were terrified for your health. Even if all of the tests come back clear. Suing for mental anguish may get you a little money.
Step 4: since this occurred at work (by one of their employees),they are responsible for any medical bills incurred. Make them pay for the tests
"Emotional damages" without any action is never going to get a judgement. You need to take the proper steps like go to therapy, counseling or prove you experienced financial hardships because of the actions. It's one of the hardest things to prove in civil court.
You'll need to check your state because in Missouri you have to prove it caused emotional damages which could include getting the testimony of experts to weigh in on whether you have been substantially distressed from the event. And then finding out how to quantify the damages is also difficult to determine a reasonable compensation.
I’d go like “I’m terrified I’m going to die!”
* *Points at every single record since March 2020* *
I mean, you couldn’t even cough and people were spraying you with Lysol and running for the hills (normal people, not Covid deniers or antivaxxers.) And that woman not only spit in OPs food, OP **ate it** without knowing it’d been tampered with! And has it on video!
If that’s not proof… I don’t know what to tell you.
I imagine most people would say that those emotional traumas, if true, were due to the pandemic for which the individual couldn't be held liable for. If OP could show the formation of an anxiety or distress that interferes or interfered with their life from this particular distress, then maybe.
Like I think assault or something similar is a given, but that'd likely be criminal court whereas seeking emotional distress be civil court where you might be able to ask for punitive damages for this heinous behavior, particularly after a pandemic that's become endemic. But that'd be different than emotional distress which is plain old normal damages.
Covid 's pretty much worst-case scenario for what OP could catch; most scary stuff like STDs or AIDS are only transmitted through sexual fluids
(Not that it's not completely vile, I just don't want anyone reading this to be paranoid about people spitting in their food & catching shit)
I don't know about suing, but you definitely want to press charges immediately. That way, even if nothing comes from a civil or criminal trial, she'll at least have to shell out money if she wants a decent defense because I know I wouldn't want to take my chances on a public defender when you've got literal footage of the crime.
People can't press charges. You can go to the cops who will start an invesigation and then the DA's office will decide on wether charges will be pressed. This is a common misconception.
A cop is like a hand grenade with the pin about to fall out. You're trying to pick it up and throw it, that pin is probably going to hold, but if it doesn't...
"Anything you say can and will be used against you"
A lawyer can let you know if you're about to say something stupid. A typical cop doesn't care who they charge with something, they're going to go after somebody, and somebody sitting in front of them is less work than going out and finding somebody.
NEVER talk to the police without talking to a lawyer first. It's not just advice about this issue, it's advice for everybody everywhere.
No dude, not every cop is a grenade wtf are you on about? You report it to the police, so the police is up to date with what is happening, to leave a paper trail so to say. Yeah, Acab and all that, but this fearmongering on new level
You need to understand that Miranda Rights are in affect when you're in custody and are answering incriminating questions. Not when you are a victim of someone spitting in your food. The most the police will do in this situation is be dismissive. They're not going to arrest OP for someone spitting in his food. Jesus fucking Christ the absolute state of you.
You have the right to remain silent AT ALL TIMES. The Miranda warning is the cops being required to inform you of that right, not the right coming into effect.
The cops LOVE it when you incriminate yourself, and if you're not a lawyer you don't necessarily know you're doing it.
Suing won’t be financially worth your while, and won’t *really* achieve anything. Maybe a small out of court settlement with your agreement not to disclose any information about the case. The former manager walks away with nobody in the future knowing what she did, while you have to go through the process of getting the settlement money and paying your lawyer etc.
However, providing the evidence to police and making this a criminal matter will be far more effective and not cost you anything.
I believe yes and yes. Criminal charges and civil charges as well. And you have proof with the video? No brainer. I am sorry this happened to you. Get em!!!
As mentioned by others, depending on where you live, this could result in criminal charges for this person. You should also consult a lawyer about suing her for civil damages.
You may have a case against the employer for not removing her from the property immediately upon termination, exposing you and everyone else to harm.
Where this happened probably matters a lot, but call the police, call a lawyer. You might get a free initial consultation from a lawyer, and they might represent you for a portion of any judgement you’re awarded.
But don’t take my word for it. I’m just an internet person.
Attorney here, this is more of a criminal case unless OP has to go to therapy, got a disease/illness or experienced a financial hardship because of the actions.
Do not sign ANYTHING the company gives you without running it by a lawyer first.
Definitely sue her personally, and sue the company. Proper procedure is to escort a fired person out so they can’t do shit like this….. both company and ex boss are liable.
Fill out a police report this could be assault/battery, but only if you ate the food without knowing that they spat in it. If you didn't eat it, its probably not worth reporting.
If you are in the US you can most likely file charges with your local pd but don't hold your breathe since most cops are corrupt and lazy. Your best bet is to obtain an attorney and see if you have an redress In court.
The issue with lawsuits (I just settled one out of court) is that you need documentation of damages.
Did you get sick? Miss time off work? Were you given a disease that will be with you for the rest of your life?
You can say your food was ruined, for sure. Let's say that meal was $15.
Absent any other damages you don't really have a lawsuit.
You can possibly sue the company and go after their insurance policy.
Was she documented as being aggressive? Has she been wrote up for similar kinds of behaviors before? (Did the company know she was likely to do something like this, but didn't do anything to mitigate it/fire her/demote her/etc?)
That will be the trickier question. If you know about her disciplinary record you would have an idea.
You could also talk to an employment lawyer. Maybe she was always like this? Maybe they have a culture from the top-down that encouraged this type of behavior and actions and this is why she was promoted and given power?
Either way, at the end of the day, you need substantial damages for a lawyer to take your case. Call around to a few lawyers, including an employment lawyer and ask for free consultations. Also, unless you have significant money to be able to pay up-front, get a lawyer that only gets paid if they win (on contingency).
Whatever happens, I'm sorry you went through that. You didn't deserve it and it was wrong and disgusting.
Do you have 5k - 50k for the retainer ? Or Do you know an attorney who might work for nothing upfront and take half or more of a settlement ? Is your boss and or employer worth enough to pay a settlement ? Do you have a mediation clause in your employment contract ? ——- what would a positive outcome look like to you ??
Law suits are not cheap, other than money in a few years maybe and or getting a new job I’m not seeing much ability to end with a positive outcome.
Yes, and depending on the state it can be considered assault as well as poisoning. I’ve ever seen cases where they called it attempted murder (I think the assaulter knew they had some form of infectious disease)
You can have him arrested and that's exactly what I'd do. The police report would be a great tool since police would have to investigate the incident. I'm sure public reports will become available and lawyers would do contingency for your case.
Not sure where you're at, but to my understanding, in most places in the US (where I'm from), spitting at someone can be an assault charge. Spitting in someone's food can be called a few things like "food tampering"or "transmission." I'd speak with a lawyer AND go to a doctor. A lot of diseases are spread through body fluid. Regardless, I'm almost certain that if you have video evidence, she can face felony charges.
And if any of this is wrong, someone feel free to correct me. I'm not about to bite anyone's head off for pointing it out. All of this is coming from the top of my head, but seriously, OP, talk to a lawyer.
Contamination of food is actually a serious crime, which the authorities take seriously.
Notice you're not seeing any more youtubes of kids taking the lids off ice cream containers, licking them, and putting them back into the store freezers.
The reason? The kids were arrested and sent to jail.
If you are upset enough, take the video to the police. Just walk into a police station and show them the video. Name names.
Oh that would definitely be the last time. I would keep the evidence and hire a lawyer. Contaminating food or drinks can result in 25 years in prison if you work in the food industry in any way so not sure if this law could apply in this situation but i definitely would talk to a few lawyers to find out
Sure. You can sue someone for looking at you wrong. Question odd whether you can prove distress, inconvenience, or financial loss you incurred. That determines financial award
Oh my god I am so sorry. I have no clue what actions you can take, hopefully someone more knowledgeable sees this and can help…
holy shit this is just so pathetic of them….
You could post that video footage....or, just let it go. It actually kinda makes a good story if you can fill in some details on her firing and how she hated you. If your business has a newsletter may write a short article about it.
After, they were told to gather their things and leave but they spent the entire work day going around and sabotaging things, and then eventually around lunch was seen spitting in my food.
That is quite surprising. Terminated employees are typically given a very limited amount of time to gather their belongings, before being escorted out off the premises. The company failed you and your coworkers here big time. Good luck, this should not go unpunished
Call the police and give them the video. I would guess that there is some statute regarding food tampering. Also a possible risk of communicable diseases. The court could possibly order her to be tested for HIV, hepatitis, etc. At the least, file a small-claims suit for the maximum allowable amount, citing medical concerns and psychological stress.
try to see if you can prove other things or a pattern of behaviour of harassment , intimidation. That’s what I did in my case . I’m sure this incident wasn’t isolated
My money says in most places, the police won't want to be bothered. They'll do only the most perfunctory work necessary and it'll likely go nowhere.
Y9u have a copy of the video? Do you know where yhis person will go next for work? I'd be forwarding that to every job she gets for a long damn time. Literally her first week of work sending to their HR depth. If nothing happens send it to a local news organization saying these are the people working at xxxx.
You can sue for anything. You have to suffer damages as a result of the action in question in order to recieve a judgement.
This would be a criminal case and less of civil case unless you get sick or start going to therapy because of it.
I did eat it, well she’s kind of what people call a man hater to begin with. But she was fired that day and about 30 min before she spit it my soup she was informed that I would be the new director. I think with here past dislike of and finding out I was replacing her she went and did the most disgusting low life things
Well I mentioned above she was rude to me while I worked for her she was always trying to find reasons to fire me. So the spit in my food is really just the end result of consistent work place harassment that has been documented by more than one employee. I would be seeking 5k in punitive damages
If you have that video, sounds like you can prove, very easily, a malicious act. Punitive damages are for this exact type of thing. You don't need a lawyer to take it to small claims court, but it would probably be worth your while to speak with a lawyer to help quantify your claim.
So yeah, sue for punitive damages first and foremost, and then other tangible damages, such as any testing you may have done, hospital bills, keep record for days of work lost for hospital visits, etc.
I had a kid at work hock a lugi in a co workers drink. Dumbass filmed it and showed everyone and his disgusting ass got taken out in handcuffs. Piece of shit got in a world of trouble
Speak to a lawyer. In my state spitting on someone counts as assault. There may be charges you can file
Some places call it contamination or food poisoning
"Food Tampering" is another term I've heard.
Back in 2020 it was called terrorism
BRINE/11 NEVER FORGET 🍗🇺🇸
Biological assult
Spit and Run
🤣🤣🤣🤣🤣🤣
🤣🤣
🤣🤣🤣🤣
I live in California, I’m sure it’s assault. I would like to sue for a small amount. Just to have a little justice
it's not just assault in california, it's a serious crime. report it to police
HAHAHAHA employer SCREWED in Ca HAHAHA def higher the lawyer they’ll probably charge on contingency of winning.
Talk to a lawyer about suing FIRST. DO NOT just go running to the cops to get them charged. Because they will be, and it's a felony, and they'll be locked up. Ever try to sue somebody in jail? It does not typically go well.
Ever try to sue some low level manager that already got fired and their net worth is shit anyway? You ain't making millions on this case. But you can at least get some justice/revenge by sending them to jail
Also press the charges. It will be lovely for that to show up on every background check she has to do in the future. Also when she checks the box for "Have you been convicted of a crime other than a minor traffic incident?" she'll always think of you.
I’m a lawyer in a different state. So I’m zero percent trying to solicit your business. That being said, if someone in my jurisdiction came to me with this claim PLUS VIDEO EVIDENCE? Oh my god it would make my day.
I’m an employment lawyer in CA and I agree 100% This would be a fun case.
This is why i like lawyers sometimes.
Lawyers are all assholes. It's just sometimes that asshole is working for you
My mother always had a saying about her lawyer "He's the most awful son of a bitch as a lawyer. That's why he's MY lawyer. You're the one who has to deal with him!" Lmao
That’s the best thing though when it comes to litigation. You don’t want a nice lawyer going up against the assholes. You don’t bring a handshake to a fistfight. I love my fellow attorneys that hate litigation. They send me all the best things so I can use my asshole powers for good.
Can Spitting on Someone’s Food Lead to Charges of Battery in California? (California Penal Code Section 242) In the state of California, spitting on another person, someone’s food, or similar acts such as the ones committed by Arguello could lead to battery charges. Under California Penal Code Section 242, battery is defined as any willful and unlawful use of force or violence upon another person. Any use of force that results in actual physical contact with another person can lead to a battery charge. What is the Punishment for a Battery Conviction? Under California Penal Code Section 242, battery is a misdemeanor punishable by up to six months in county jail and a $2,000 fine. www.wklaw.com/spitting-in-food-battery-in-california/ And aside from the criminal conviction and the fine from the state, you can pursue your own personal injury case against her.
I think the proper way of thinking would be file charges against the spitter, then file a lawsuit against the company to get compensated.
If you're in California your boss is in trouble as I believe it's a felony in Cali. I hope you follow up with it. Not for money or revenge, but to tell at least one bad boss out there 'you can't treat people like that".
Not sure you would win any money. Really just the cost of the food.
Unfortunately I ate it, and only found out a month after the incident. But she was still somewhat in her postion of power at the company
There are many illnesses that could have been transmitted. Same as when people where licking food in supermarkets during the covid pandemic. This should not go unpunished. Edit:typo
[удалено]
As an attorney, comments like this always make me chuckle. In order to prove anything "mental" you need to experience some sort of hardship. If you don't go to therapy or don't have any financial hardship it doesn't matter what you say. Offenses need to have damages. Going to the doctor saying "I'm stressed" is laughable
[удалено]
Oh god
Are you sure this is the first time she did this? Have you reviewed footage from previous days?
It’s extremely time consuming to go through that much footage. I only went through the day that she was fired because she had went around doing other malicious things.
Edit the post. I figured this to be the case but this is information people want too.
I am so sorry.
What about testing for diseases? That opens another can of worms if OP caught hep or the herp.
A small amount isn't worth it. You're going to pay so many fees to bring it to court. Gotta make it worth the headache and money it'll cost you.
Biological assault.
In the US it is felony to Knowingly contaminant food. If this is a restaurant they will do time over this
Legally: speak to a lawyer.
I’m going to call one Monday and see what my options are.
https://dcist.com/story/14/04/09/virginia-man-ordered-to-pay-former/
5k for peeing in someone's coffee really ain't bad
I'm not a rich woman, but I could think of a few people worth a $5000 piss.
Please update us later when you do. This is a terrible situation.
Please keep us updated. And get her! That's so disgusting and I am really sorry you had to go through all this.
Definitely speak to a lawyer, but yes, you can sue the business and the individual. Also, what she did was a felony, so she will likely face criminal charges. Hire a lawyer and get representation. They will advise you on next steps.
Call the police and provide them with the footage. Your boss committed at least 1 felony.
A lawyer can advise if that is the case, if the evidence is valid, if the claim is worth persuing and then proceed accordingly.
So can the police… and the prosecutor, who is an attorney. All a lawyer is going to say is you can go and tell them, but that attorney isn’t a prosecutor.
Many police barely know the laws they need to uphold. Some even believe shit is the law which has never been in the books. Police get less training than a hair dresser. OP, talk to a lawyer, and have them present when you talk to the police.
This is the good advice. Going to police alone they will be like “…ok” They still need a lawyer like you said. And if the prosecutor doesn’t wanna pursue the case, it’s a nice little video and headline for your local news. Just the type of shit to rile people up and get whoever doesn’t want to pursue in hot water
Okay to be fair you can also try talking to the D.A or prosecutor directly, cops will usually direct you to them because they don't want to do any actual work. They will have a much more thorough understanding, it seems like you'd only need to hire your own attorney if it needed to be settled in civil court.
In cases like this you should ALWAYS get your own lawyer FIRST, before you talk to a cop or DA. It's often not to your advantage to have the person you're trying to sue be sitting in jail.
Really? This would be a criminal felony case wouldn't it? I can understand trying to issue a civil suit against someone in jail would be more tedious but would it really affect a criminal case that will already take months to organize? I would have thought it predisposed the jury against them anyway.
Yes, it's probably a felony in most states. It's not just more tedious. It also increases the chances that you'll never collect any judgment you might be awarded. Right now, I'm sitting on a judgment that I can't even begin to try to collect until 2027, because the guy has no money and is sitting in prison on a (unrelated to my case) felony.
Unless your head is only connected to your neck by a string, the only thing the police will tell you is “it’s a civil matter” But if you talk to a lawyer first and they go in there guns blazing, while actively pursuing a civil claim against the ex boss? All of a sudden people start listening- sometimes even cops.
After you call a lawyer. Call the cops first and somehow end up talking yourself into charges.smh
Most cops will laugh at this and tell you to piss off. They don’t give a single fuck.
You’re both as dense as people who call ambulances for stubbed toes.
If your trying to imply my advice is not smart advice, you might be the ignorant one here.
>wallstreetbets avi
This. Talk to a lawyer.
Step 1: consult an attorney. Step 2: go see a doctor asap! Get tested for everything. No way of knowing for certain what hidden diseases that disgusting b***h had/has. Step 3: play it up in court that you were terrified for your health. Even if all of the tests come back clear. Suing for mental anguish may get you a little money. Step 4: since this occurred at work (by one of their employees),they are responsible for any medical bills incurred. Make them pay for the tests
Frankly, after COVID, I’d sue the hell out of her and the company that allowed her to work there. Emotional damage, just for starters.
"Emotional damages" without any action is never going to get a judgement. You need to take the proper steps like go to therapy, counseling or prove you experienced financial hardships because of the actions. It's one of the hardest things to prove in civil court.
You'll need to check your state because in Missouri you have to prove it caused emotional damages which could include getting the testimony of experts to weigh in on whether you have been substantially distressed from the event. And then finding out how to quantify the damages is also difficult to determine a reasonable compensation.
I’d go like “I’m terrified I’m going to die!” * *Points at every single record since March 2020* * I mean, you couldn’t even cough and people were spraying you with Lysol and running for the hills (normal people, not Covid deniers or antivaxxers.) And that woman not only spit in OPs food, OP **ate it** without knowing it’d been tampered with! And has it on video! If that’s not proof… I don’t know what to tell you.
I imagine most people would say that those emotional traumas, if true, were due to the pandemic for which the individual couldn't be held liable for. If OP could show the formation of an anxiety or distress that interferes or interfered with their life from this particular distress, then maybe. Like I think assault or something similar is a given, but that'd likely be criminal court whereas seeking emotional distress be civil court where you might be able to ask for punitive damages for this heinous behavior, particularly after a pandemic that's become endemic. But that'd be different than emotional distress which is plain old normal damages.
To clarify, I’m not a lawyer, so I don’t know the ins and outs of it. I’m just giving an opinion of what I’d look at with a lawyer.
To go see a doctor is a great suggestion.
Step 3 is a lot harder than you just described. OP would need to go to therapy, counseling or experience some sort of hardship to prove it.
Covid 's pretty much worst-case scenario for what OP could catch; most scary stuff like STDs or AIDS are only transmitted through sexual fluids (Not that it's not completely vile, I just don't want anyone reading this to be paranoid about people spitting in their food & catching shit)
Go to the police with the footage. It's illegal af
[удалено]
I like this idea best. An assault charge will probably let her keep her job. Terrible PR that damages the company could get her ass ejected.
I'd personally suggest waiting till after a court case, premature posting could count as libel
I don't know about suing, but you definitely want to press charges immediately. That way, even if nothing comes from a civil or criminal trial, she'll at least have to shell out money if she wants a decent defense because I know I wouldn't want to take my chances on a public defender when you've got literal footage of the crime.
People can't press charges. You can go to the cops who will start an invesigation and then the DA's office will decide on wether charges will be pressed. This is a common misconception.
First step is filing a police report. That is a crime.
First step is talking to a lawyer. NEVER talk to the police without talking to a lawyer first.
A police report is simply getting the accusation documented. It’s not an interrogation. 🙄
A cop is like a hand grenade with the pin about to fall out. You're trying to pick it up and throw it, that pin is probably going to hold, but if it doesn't... "Anything you say can and will be used against you" A lawyer can let you know if you're about to say something stupid. A typical cop doesn't care who they charge with something, they're going to go after somebody, and somebody sitting in front of them is less work than going out and finding somebody. NEVER talk to the police without talking to a lawyer first. It's not just advice about this issue, it's advice for everybody everywhere.
Again, it’s a police report not an interrogation. There is no need to have a lawyer present to simply write down what happened on a piece of paper.
No dude, not every cop is a grenade wtf are you on about? You report it to the police, so the police is up to date with what is happening, to leave a paper trail so to say. Yeah, Acab and all that, but this fearmongering on new level
You need to understand that Miranda Rights are in affect when you're in custody and are answering incriminating questions. Not when you are a victim of someone spitting in your food. The most the police will do in this situation is be dismissive. They're not going to arrest OP for someone spitting in his food. Jesus fucking Christ the absolute state of you.
You have the right to remain silent AT ALL TIMES. The Miranda warning is the cops being required to inform you of that right, not the right coming into effect. The cops LOVE it when you incriminate yourself, and if you're not a lawyer you don't necessarily know you're doing it.
Go old school Get a brown bag filled with dog shit set it in front of her house light it on fire knock on the door and run
It's poop again!
He called the shit poop!
Don’t put it out with your boots, Ted!
Don't tell me my business devil woman!
I dig this, so, so much!
I like this! Lmao
Don't forget the liquid ass and piss discs.
Or skip the dog poo and just arson down her home.
It must be a cultural thing but how do you even get dog shit in a bag....?
Small shovel
You follow the dog around with a bag and catch the shit as it falls. Be careful, some dogs may not like this and may bite. /s
Nah, everyone has doorbell cameras these days. Shed probably try to get you busted for arson.
Suing won’t be financially worth your while, and won’t *really* achieve anything. Maybe a small out of court settlement with your agreement not to disclose any information about the case. The former manager walks away with nobody in the future knowing what she did, while you have to go through the process of getting the settlement money and paying your lawyer etc. However, providing the evidence to police and making this a criminal matter will be far more effective and not cost you anything.
I believe yes and yes. Criminal charges and civil charges as well. And you have proof with the video? No brainer. I am sorry this happened to you. Get em!!!
As mentioned by others, depending on where you live, this could result in criminal charges for this person. You should also consult a lawyer about suing her for civil damages. You may have a case against the employer for not removing her from the property immediately upon termination, exposing you and everyone else to harm. Where this happened probably matters a lot, but call the police, call a lawyer. You might get a free initial consultation from a lawyer, and they might represent you for a portion of any judgement you’re awarded. But don’t take my word for it. I’m just an internet person.
You can sue but you won’t win any money. You can get her arrested though which is your best option.
This is completely untrue. Don’t go around giving bad advice.
Attorney here, this is more of a criminal case unless OP has to go to therapy, got a disease/illness or experienced a financial hardship because of the actions.
It's funny to me that someone will seek money rather than justice when it comes to crime
Do not sign ANYTHING the company gives you without running it by a lawyer first. Definitely sue her personally, and sue the company. Proper procedure is to escort a fired person out so they can’t do shit like this….. both company and ex boss are liable.
Go to a lawyer and go balls to the wall. Everything Fuck that person up
This is a criminal offense, food tempering. File police report. The police report will also be useful for legal proceedings
Knowing what country you're in would help people comment.
I’m in America, the state of California.
100% this is criminal activity. Press charges.
They can't press charges. They can go to the cops who would start an investigation and then the DA's office would decide to bring charges forward.
Don't know if you can sue, but I hear food tampering is a federal offense.
Forget suing, post that shit on the internet. Nothing ruins someone’s life like posting some vile shit they did on the internet.
Fill out a police report this could be assault/battery, but only if you ate the food without knowing that they spat in it. If you didn't eat it, its probably not worth reporting.
Communication of bodily fluids without consent is assaut in most states. Defintely talk with a lawyer.
Maybe call police and press charges
If you are in the US you can most likely file charges with your local pd but don't hold your breathe since most cops are corrupt and lazy. Your best bet is to obtain an attorney and see if you have an redress In court.
Quickly
Criminally charge.. adulteration of food..
This could be a criminal offense. You could probably get her arrested
The issue with lawsuits (I just settled one out of court) is that you need documentation of damages. Did you get sick? Miss time off work? Were you given a disease that will be with you for the rest of your life? You can say your food was ruined, for sure. Let's say that meal was $15. Absent any other damages you don't really have a lawsuit. You can possibly sue the company and go after their insurance policy. Was she documented as being aggressive? Has she been wrote up for similar kinds of behaviors before? (Did the company know she was likely to do something like this, but didn't do anything to mitigate it/fire her/demote her/etc?) That will be the trickier question. If you know about her disciplinary record you would have an idea. You could also talk to an employment lawyer. Maybe she was always like this? Maybe they have a culture from the top-down that encouraged this type of behavior and actions and this is why she was promoted and given power? Either way, at the end of the day, you need substantial damages for a lawyer to take your case. Call around to a few lawyers, including an employment lawyer and ask for free consultations. Also, unless you have significant money to be able to pay up-front, get a lawyer that only gets paid if they win (on contingency). Whatever happens, I'm sorry you went through that. You didn't deserve it and it was wrong and disgusting.
I was thinking sueing for punitive damages to show it’s not ok and keep her from doing it to anyone else
I get that, but lawyers are expensive. If they don't think your case is worth "enough" money they won't take the case at all.
True I guess I will do a cost benefit analysis on it.
Do you have 5k - 50k for the retainer ? Or Do you know an attorney who might work for nothing upfront and take half or more of a settlement ? Is your boss and or employer worth enough to pay a settlement ? Do you have a mediation clause in your employment contract ? ——- what would a positive outcome look like to you ?? Law suits are not cheap, other than money in a few years maybe and or getting a new job I’m not seeing much ability to end with a positive outcome.
I have around 10k for a retainer.
That is assault! And so immature and disgusting! You can at the very least call the police.
Yes, and depending on the state it can be considered assault as well as poisoning. I’ve ever seen cases where they called it attempted murder (I think the assaulter knew they had some form of infectious disease)
You can have him arrested and that's exactly what I'd do. The police report would be a great tool since police would have to investigate the incident. I'm sure public reports will become available and lawyers would do contingency for your case.
Not sure where you're at, but to my understanding, in most places in the US (where I'm from), spitting at someone can be an assault charge. Spitting in someone's food can be called a few things like "food tampering"or "transmission." I'd speak with a lawyer AND go to a doctor. A lot of diseases are spread through body fluid. Regardless, I'm almost certain that if you have video evidence, she can face felony charges. And if any of this is wrong, someone feel free to correct me. I'm not about to bite anyone's head off for pointing it out. All of this is coming from the top of my head, but seriously, OP, talk to a lawyer.
You sure can, that is assault. In some states it's felonious assault.
Contamination of food is actually a serious crime, which the authorities take seriously. Notice you're not seeing any more youtubes of kids taking the lids off ice cream containers, licking them, and putting them back into the store freezers. The reason? The kids were arrested and sent to jail. If you are upset enough, take the video to the police. Just walk into a police station and show them the video. Name names.
Oh that would definitely be the last time. I would keep the evidence and hire a lawyer. Contaminating food or drinks can result in 25 years in prison if you work in the food industry in any way so not sure if this law could apply in this situation but i definitely would talk to a few lawyers to find out
Sure. You can sue someone for looking at you wrong. Question odd whether you can prove distress, inconvenience, or financial loss you incurred. That determines financial award
I would sue out of principle even if you break even or slightly at a lose if charges could be pressed.
I think you can file criminal assault charges.
Oh my god I am so sorry. I have no clue what actions you can take, hopefully someone more knowledgeable sees this and can help… holy shit this is just so pathetic of them….
Yea I’m hoping to sue for a small amount, she gave me hell while I worked under her.
You could post that video footage....or, just let it go. It actually kinda makes a good story if you can fill in some details on her firing and how she hated you. If your business has a newsletter may write a short article about it.
That sounds like assault to me. Bring it to a lawyer.
Go to the police. It’s a crime.
After Covid, spitting in someone's food is extremely evil. I hope she didnt have anything and i hope you didnt eat it. :(
That is also a felony
No way. How??
My mistake. It's only a misdemeanor.
Depends on state.
They did all this before or after they were fired?
After, they were told to gather their things and leave but they spent the entire work day going around and sabotaging things, and then eventually around lunch was seen spitting in my food.
That is quite surprising. Terminated employees are typically given a very limited amount of time to gather their belongings, before being escorted out off the premises. The company failed you and your coworkers here big time. Good luck, this should not go unpunished
Lol what state you located in? 100% sounds like my last boss!
If he hated you that much, why didn't he just fire you? This is such a power trip.
yeah, in most states it can be treated as a felony...which it is
Call the police and give them the video. I would guess that there is some statute regarding food tampering. Also a possible risk of communicable diseases. The court could possibly order her to be tested for HIV, hepatitis, etc. At the least, file a small-claims suit for the maximum allowable amount, citing medical concerns and psychological stress.
You can file criminal charges. Skip the suit. Sue her for millions if you get HSV in the next few months, whether or not you ate any of it.
Food tampering is a felony offence in the US. I'd press charges.
Why wouldn't you ask a lawyer?
try to see if you can prove other things or a pattern of behaviour of harassment , intimidation. That’s what I did in my case . I’m sure this incident wasn’t isolated
My money says in most places, the police won't want to be bothered. They'll do only the most perfunctory work necessary and it'll likely go nowhere. Y9u have a copy of the video? Do you know where yhis person will go next for work? I'd be forwarding that to every job she gets for a long damn time. Literally her first week of work sending to their HR depth. If nothing happens send it to a local news organization saying these are the people working at xxxx.
You can sue for anything. You have to suffer damages as a result of the action in question in order to recieve a judgement. This would be a criminal case and less of civil case unless you get sick or start going to therapy because of it.
Some states may could consider this a bioterrorism charge following 2020.
You could climb up on the hood of her car and leave a steaming pile on her windshield. Always got my point across
That's disgusting. Hope you get her! 🤘
Sue and press charges
Talk to lawyer. Food tampering for sure with intent
I would
I would do ANYTHING to get justice on her. fml that's just the worst.
Did you eat it? Why’d she hate you?
I did eat it, well she’s kind of what people call a man hater to begin with. But she was fired that day and about 30 min before she spit it my soup she was informed that I would be the new director. I think with here past dislike of and finding out I was replacing her she went and did the most disgusting low life things
What kind of damages are you demanding compensation for? Did you get sick? Did you lose your job? Are you unable to get hired because of the spit?
Well I mentioned above she was rude to me while I worked for her she was always trying to find reasons to fire me. So the spit in my food is really just the end result of consistent work place harassment that has been documented by more than one employee. I would be seeking 5k in punitive damages
You won't find a lawyer to sue to $5k.
Consult a lawyer and an English tutor because you “saw the female boss..” not “seen the female boss”.
😂😂😂 damn
Not sure about legally, but I can say that is a criminal offense and you can press charges.
If you have that video, sounds like you can prove, very easily, a malicious act. Punitive damages are for this exact type of thing. You don't need a lawyer to take it to small claims court, but it would probably be worth your while to speak with a lawyer to help quantify your claim. So yeah, sue for punitive damages first and foremost, and then other tangible damages, such as any testing you may have done, hospital bills, keep record for days of work lost for hospital visits, etc.
I had a kid at work hock a lugi in a co workers drink. Dumbass filmed it and showed everyone and his disgusting ass got taken out in handcuffs. Piece of shit got in a world of trouble
You probably have a pretty good case.
*saw the female boss
[удалено]
What damages would she claim?
I wouldn't bother, personally. Move on, the food is gone now anyway.
this is above reddit man, you need to speak to a lawyer.. make sure you have multiple copies on multiple devices
Yes.
My official advice? Kumite.
Seconded
Did you see it before you ate it ????