False imprisonment is the wrongful restraint, confinement or detainment of a person without that person’s consent. False imprisonment is a crime and can be charged as a misdemeanor or a felony, depending on the severity of the imprisonment. Additionally, false imprisonment is a common law tort and can arise in the employment context. To successfully sue your employer for false imprisonment, you must show:
- 1. you were detained, confined, or restrained against your will by your employer in the workplace;
- 2. you did not consent to being detained; and
- 3. the detention was unreasonable or unlawful.
In order to show that you were detained, confined or restrained against your will, you must show that there was an impediment to your freedom. In other words, you must prove that your employer prevented you from leaving the room or area in which you were confined. Common examples of an employer confining an employee include, locking the door or placing someone or something at the door to block the exit. Keep in mind, however, that you must be completely confined in order for your employer’s action to qualify as false imprisonment. For instance, blocking your ability to exit the room in one direction is not enough. If there is another reasonable way to exit the room heading in a different direction, then false imprisonment has not occurred.