YOWAN Yang worked for ActioNet as an information technology technician. ActioNet is a contractor providing technical support to the Federal Aviation Administration (FAA). Cy Tymony was another technician who worked with Yang on the same team. Yang worked four feet away from Tymony’s cubicle. On July 24, 2012, Yang and Tymony had an argument about the noises that Tymony could hear from Yang’s cubicle. During the argument, Tymony attacked Yang and destroyed Yang’s work station.
ActioNet quickly responded by terminating both Yang and Tymony from work, but failed to conduct an investigation.
Two days after the incident, FAA federal investigators reported to ActioNet that Yang was a “complete victim” in the altercation. However, ActioNet ignored Yang’s request for an explanation, and refused to reinstate him back into his position.
Yang attempted to move on with his life. But because he was fired “for cause,” he found it difficult to find another job similar to what he was doing prior to his termination. He eventually could not continue with his career, he lost his apartment, and he suffered anxiety and depression.
Yang sued ActioNet for wrongful termination, claiming that he was a victim of workplace violence, and that ActioNet violated his civil rights, specifically the right to be protected from bodily harm, and the right to be free of threats, intimidation and coercion.
The employer countered that it fired Yang because he provoked Tymony into the conflict. It also claimed that FAA took Yang off the contract and they had no work for Yang.
At trial, Yang showed that other employees had previously complained to ActioNet about Tymony’s aggressive actions to other employees. In ignoring these complaints, Yang accused the employer of being negligent. Yang also contended that the FAA cleared him of wrongdoing.
The jury returned a verdict in favor of the employee, and awarded Yang $2,393,540, which includes past and future loss of earnings damages. The jury also awarded him punitive damages in the amount of $5 million, for a total award of $7,393,540.
According to the Occupational Safety and Health Administration (OSHA), workplace violence is a growing concern for employees nationwide. Workplace violence refers to violence at work that may range from verbal abuse and threats, to physical assault and homicide. The violence may be committed against an employee by a co-worker or non-co-worker. Although some employees are more at risk than others, no one is immune.
How can employees protect themselves, particularly in situations where the perpetrator is another employee? The OSHA suggests that employees learn how to recognize, avoid, or diffuse potentially violent situations by attending personal safety training programs. Supervisors should also be alerted to any concerns about safety or security and report all incidents immediately in writing. If the employer does not respond to a complaint, the employee should document and log all incidents and threats of workplace violence.
Any form of violence at work is unacceptable. Victims have the right to come forward and report incidents of harassment or abuse. Unfortunately, many victims may choose to remain silent in order not to “rock the boat” or because of fear that the perpetrator will retaliate and they would lose their jobs.
Employees who experience workplace violence are well-advised to consult with an experienced employment attorney to know their rights and protect themselves.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant recoveries for thousands of employees and consumers. He is named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum.