A claim of false imprisonment by an employee generally arises out of a workplace interrogation, usually during an investigation of workplace misconduct by you or by another employee.
To sucessfully sue for false imprisonment, you must show that:
- you were detained, confined, or restrained against your will by your employer or in your workplace;
- that your confinement was unlawful or illegal;
- that you believed you were being detained, meaning that you did not feel as though you were free to leave during the interrogation.
You employer will be liable to you for false imprisonment if you were detained for an unreasonable amount of time or if you were confined in an unlawful manner.
Your employer is allowed to reasonably detain you in order to investigate a dispute or some misconduct in the workplace. That detention becomes illegal, however, if the period of questioning is unreasonably long, or if you are confined using force or if threats are made to you.
In determining if you were falsely imprisoned by your employer, the court will generally look at the following factors:
- if you were detained for a substantial period of time;
- if that detention was against your will;
- if you were detained or confined by the use of force or the threat of force;
- that your questioning was not within the scope of your everyday employment.
If you feel that you may have been injured as a result of false imprisonment by your employer, you should contact an attorney experienced in personal injury suits for false imprisonment. An employment lawyer will be able to inform you of your rights and preserve any possible legal remedies you may have.