Christmas Eve 2002 I managed a auto parts store. I noticed one of my young associates was having a problem with an irate customer so I switched customers and attempted to find out from the customer what the problem was. At that point this 6'3" 250+ pounds rough young man reached across the counter and picked me up by my neck, shook me around, then shoved me back into the counter behind me, cutting my arm and straining my back. I thought I was going to die for sure. I was almost 70 years old at the time.

I am now 74...and seem lucky to have survived the attack.

I called 911 and a deputy sheriff came over and arrested the attacker.

Afterwards, I needed to go to the hospital because I was nursing an internal infection that day, and I was now feeling dizzy and in some pain. I called my son, asked him to drive in and take me to the hospital. I could not leave the money, the safe, nor the store in the young associate's care because he was not qualified. I could not close the store because only the district manager could do that and everybody was on Christmas break. I remained until my son came, and eventually another store manager came and handled my store.

I was in the hospital through Christmas, and they discovered the rough treatment had ruptured my infection internally, and they had to operate.

I was out of work recovering, and was paid for the time off as sick leave, plus I had to use some of my earned vacation for the remainder of the time off; otherwise, I would have not been paid. I have recovered from my physical ailments, but thereafter I was deathly afraid to work my management job, which required early morning openings, deactivating the night alarm, and closings after late hours, activating the alarm.

The company continued to allow the attacker to come to the store (he worked for a Auto Towing Company ) to purchase parts, and refused to file a papers through the county courts for him to cease coming to the store. He continued to come in to the premises, taunting his power, and it got to where some of my bigger employees would walk me as body guards to my truck after work to protect me.

His company laughed at me when I told them, saying in effect "...well, you disserved being slapped around for being so slow to service him". I reported these encounters to my employer several time in writing, only to be ignored. I also advised them I had to send our truck driver, a young lady, to deliver parts to that company, where he worked, and was afraid for her welfare as well, that it was not prudent for the company to do so in light of his attack on me...that it was a dangerous situation for all of my employees.

They still nothing. I began to look for another job where I might be more safe.

I finally decided that I could not work my profession with this employer for fear of not being furnished a safe place to work, and had to leave.

To this day, I am afraid to apply elsewhere for a similar auto parts retail store, which I was trained for, because of the fear they too would not furnish a safe place to work.

Do I have recourse against my ex employer, and if so, for what?

Thnx