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A coworker spat in my face - can/should I get personal eyeglasses DNA tested for dried saliva to prove it?


Harrenys Targaryen

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Posting this on Monday and no updates? Lame!

Here is my advice:

Forget DNA testing. That's just stupid and it will make you look like a lunatic because no one that is normal is going to run out to a lab to try to get DNA testing on their co-workers spit. If you start talking about that at work no one is going to take you seriously.

If you want to take care of business you need to scare HR to get things done. If you describe the incident to HR like you wrote it in the OP you are going to go no where. I'd let HR know in your report that you were assaulted, fearful for your safety and unable to perform your duties until they remedy the hostile work environment. I'd hit the doctors office as well and let HR know you are in treatment. Tell them you went to the doctor to get treated for  severe anxiety due to the trauma of this incident.

I underlined and bolded all the scary words. Put shit in writing -  documentation scares HR. That place sounds like a shit show. Once the dust settled and you are done scorching earth I would GTFO.

 

 

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If your employer has any sense and don't want to get landed with a huge headache of an employment tribunal or worse still, a police investigation then they will deal with this, provided you approach it in the correct way.
Try it the gentle approach first to see if your employer just rolls over for you.

Write everything down as clearly as you can remember it. Don't go into speculation or purely subjective ramblings, get down the hard facts (time, date, location, witness names, specifics of the conversation) and note down exactly what happened in order.
If this is linked to any previous disputes with the employee then maybe include details of those too, but be wary that if you've failed to report previous serious incidents it could work against you.

You have a right (i assume in your country) to a safe working environment and this would be classed as an assault in most cases, or at the least gross misconduct towards a colleague. Any company with sense would deal with this fast.

If you cannot get anywhere with them then you may need to go elsewhere for assistance, raise a formal grievance against the company and the employee. Have you got a union that can help you out with this? Or any sort of local/national service for advice on such maters (e.g. in the UK we have the Citizen's Advice Bureau).
This would be the stage when you'd start to throw around the things that @zelticgar suggested.

I think going straight for some sort of legal action involving DNA makes you out to be pushing it a bit hard, and if there's talk of compensation it just look like you a money grabber and not really concerned about the real issue here which is the behaviour you were subjected to and how to stop it happening again.

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15 hours ago, Mandy said:

I think I trust the lawyers I've met here more than the ones I've met otherwise.  

 

I work in law...

 

I can't believe we still don't know what happened here.  I demand an update!!!

Here you go!

I know - that's a bad update, but you have to agree, that date sure went up!

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16 hours ago, Mandy said:

I think I trust the lawyers I've met here more than the ones I've met otherwise.  

 

I work in law...

 

I can't believe we still don't know what happened here.  I demand an update!!!

Agreed. I'm calling bullshit on the entire story unless we receive an update.

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3 minutes ago, larrytheimp said:

Any of the board lawyers have any thoughts on whether or not the OP should also bring HR a stool sample?

I think Nestor already covered that:

On 6/15/2016 at 6:31 PM, NestorMakhnosLovechild said:

Getting a testable DNA sample should be pretty easy, if you're really dedicated to doing it. You might try following the guy into the bathroom and seeing if you can capture a fecal sample. You might be able to find some cells from the inner lining of the rectum or, better yet, some blood if they have a particularly difficult stool. 

Alternatively, you can attempt to surreptitiously pleasure them to climax and then catch a DNA sample in a petri dish or, if they are small enough, a test tube. 

If you're not willing to consider these alternatives, I really have to question your fidelity to this story. 

 

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all depends on the jurisdiction, too.  down my way, it'd be a misdemeanor battery in most circumstances. but we can conceive of places wherein it the law considers the expelled saliva to be a gratuity for which compensation may be due.  

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1 hour ago, Elder Sister said:

Spitting means never having to say you're sorry.

 

Also, I NEED TO KNOW WHAT HAPPENED, DAMMIT.

Harrenys Targaryen is not your bitch.  Right now they are dealing with the HRenese knot.  The conclusion will be out when they fictionalize it, and not a day sooner.

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Oh boy....I cant wait for the excrutiatingly detailed descriptions of  various lunch meats at the cafeteria, long quests to find a stapler in the stockroom that eventually end nowhere, tedious negotiations between minor bureaucrats and the one-handed head of accounting and introduction of new witnesses in the co-worker saga that seemingly appear out of nowhere.

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Why bother with HR?  What satisfaction are ;you going to get -- the best the spitter gets fired - or the spitter goes to counseling and apologizes.

As a retired prosecutor, take your glasses and make a police report. The longer you wait, your credibility is eroded.

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4 hours ago, sagewich said:

As a retired prosecutor, take your glasses and make a police report. The longer you wait, your credibility is eroded.

I'm wondering if OP already took this to a lawyer, and their first bit of advice was "stop making frivilous posts about the incident all over teh interwebs, you idiot".

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