False imprisonment is a form of intentional tort that occurs when a person is intentionally restrained against their will from an area without legal authority. In essence, it is a form of imprisonment without the legal justification to do so. False imprisonment can include a physical confinement or the threat of physical confinement. It is a civil claim that is punishable by monetary damages and is separate from criminal charges.
Examples of False Imprisonment
False imprisonment can occur in many different ways. Examples of false imprisonment in a workplace setting include the following scenarios:
- A supervisor locking a worker in an office or other workspace without their consent
- Preventing an employee from leaving a meeting or orientation where they are being held against their will
- A superior ordering an employee to remain in a certain area outside of his or her normal job duties
A business can be vicariously liable for false imprisonment through its agents if an employee’s conduct implies that the employer is aware of and allows the employee’s actions. It is important to note that false imprisonment can be committed even if the person is not actually blocked and can only occur for the shortest amount of time.
Damage Awards From False Imprisonment Claims
When a claim for false imprisonment is successful, an individual may be entitled to monetary damages, including compensatory damages and punitive damages. The compensatory damages are for items like costs of medical care, lost wages, and pain and suffering. Punitive damages can also be awarded if the defendant’s conduct is found to be especially reckless or malicious.
False imprisonment is an intentional tort that can occur in the workplace and must be taken seriously. If your business is accused of false imprisonment, you should seek advice from an experienced attorney to discuss the potential risks and damages associated with such a claim.