False Imprisonment in the Workplace:

Often Employees of corporations are subject to interrogations and questioning that in the view of the legal system of many states and jurisdiction in the United States may amount to the Tort [Personal Injury] Claim of False Imprisonment.   Here at DT LA Law we have a staff of employment law lawyers and employment discrimination attorneys that work tirelessly to see to it that the rights of the worker in the workplace are protected.  In thus day an age many employees in California and other states in the union are subject to unjust and discriminatory action.  One of the most prevalent acts conducted by employers and managers against their employee is the Tort of False Imprisonment.

The Legal Definition of False Imprisonment Under California Penal Code 236 is “the unlawful violation of the personal liberty of another.”  Or the act of restraining someone against his or her will.

False imprisonment claim usually take place within the context of employer investigation of an employees wrongful, or even illegal act.  Often an owner of a business or a manager of that business under the stressful position of having to face of an employer that has committed an illegal act will physically restrain that person or keep the person in a lock room without a reasonable means of escape and without the person consent.  

In order to claim false imprisonment an employee must show to the court that the elements fo the torts have been met.  These elements may vary based on state or jurisdictional difference in the written law but some of the basic elements are given below.

·         The was an actual and or implied threat from the employer or an agent (someone working under the authority) of the employer would be used in order to force the employee to remain in a specifically designed area

·         Employer or his agent does not need to use force, Only a threat implied or actual is enough to met this criteria.

·         The act of use of force or the threat of a use of force must be against the will of the person, so the Victim must show that he did not consent to the imprisonment

Examples of acts that have in the past constituted false imprisonment include: (1) Confining a person to a room that is locked (2) having security hold a person for a period of time against the employees consent   (3) Not allowing a person to get out of a chair he is sitting in until he admits to the commission of an act. 

If you have been subjected to False Imprisonment in the Workplace know that you are not alone.  We at Downtown LA LAW are here to help.  For a Free Case Evaluation and Consultation with an employment lawyer and a personal injury lawyer Please feel free to contact us at (855) DT-LA-LAW for a free consultation or visit our webpage.