
Employer Liability for False Imprisonment
When Your Boss Crosses the Line
Workplaces are supposed to be places of routine. You clock in, do your job, and leave at the end of the day. But for some employees, things take a darker turn. Imagine being told by a manager that you can’t leave the office until you answer questions about missing money. Or being locked in a back room “for security reasons” while supervisors search your bag. That’s not discipline. That’s false imprisonment.
At Horn Wright, LLP, our attorneys have heard stories that sound like they belong in movies, not workplaces: doors locked from the outside, workers followed by supervisors who insist they “just stay put,” and threats of calling the police unless employees comply. These aren’t harmless measures. They’re violations of basic rights. Employers may hold authority over your job, but they don’t get authority over your freedom.
When the boss crosses that line, liability follows.
Workplace Detainment and Employee Rights In New York
In New York, the law is clear: employees don’t shed their civil rights when they step into the workplace. Employers may manage schedules, assignments, and performance. What they cannot do is restrain an employee’s freedom of movement without lawful justification.
False imprisonment in the workplace happens when an employer intentionally confines an employee against their will. That can mean physically blocking an exit, locking doors, or threatening arrest if the worker tries to leave. The restraint doesn’t have to last long. Courts in New York have recognized even short detentions as unlawful if no privilege existed.
The New York State Human Rights Law and the Fourth Amendment protect against unlawful confinement, even by private actors. And when employers misuse their authority, they open the door to liability under state tort law and, in some cases, federal civil rights statutes if government action is involved.
Employer Actions That Can Lead to Liability
Sometimes employers think they’re “just doing their job.” But common actions can easily cross into unlawful territory.
- Holding employees during investigations: If an employer keeps a worker locked in an office or prevents them from leaving while “reviewing theft allegations,” that may amount to false imprisonment.
- Threatening to involve law enforcement without cause: Using the fear of arrest as a tool to force compliance, when there is no real evidence, can create unlawful restraint.
- Restricting movement as punishment: Forcing workers to remain after hours, or blocking exits as a disciplinary tactic, isn’t just unprofessional, it can be unlawful.
New York courts don’t accept “business needs” as a blanket excuse. Unless employers can show a lawful reason, like complying with safety protocols under state law, confinement becomes actionable. What might look like “policy enforcement” to management can read as false imprisonment to the court.
Documenting Employer Misconduct
Building a strong case often starts with the details. Workers may feel powerless in the moment, but the documentation they create afterward can make the difference between a claim that fizzles and one that succeeds.
Keep records of what happened: the time, location, who was present, and what was said. If coworkers witnessed the confinement, their statements can support the claim. Emails, memos, or company policies that suggest “holding employees” during investigations may also reveal systemic problems.
Medical or psychological records matter too. Employees often suffer anxiety, humiliation, or stress from being confined by those who control their livelihood. New York’s CPLR Article 31 provides discovery tools that allow attorneys to request company records, surveillance footage, or access logs, giving employees additional leverage.
When employer misconduct is documented carefully, companies find it far harder to deny what happened.
New Hampshire Places Higher Burdens on Employees to Prove Employer Liability Than New York
State laws don’t all treat employer liability the same way. In New Hampshire, employees face a higher burden when trying to prove false imprisonment by employers. Courts there often require stronger evidence of physical restraint, and psychological confinement claims may not be recognized without corroborating proof.
New York, by contrast, gives employees more protection. Courts here accept confinement through threats or intimidation if a reasonable person would believe they couldn’t leave. That means employees don’t have to show locked doors or physical force, the abuse of authority itself can be enough.
The difference matters. A case that might collapse in New Hampshire could succeed in New York. Employees here benefit from broader interpretations that account for the power imbalance between workers and employers.
What Remedies Are Available Against Employers
When false imprisonment by an employer is proven, remedies can be significant. Victims may recover compensatory damages for lost wages, therapy, or medical expenses caused by the detention. Emotional distress damages are also common, since humiliation and fear are natural results of being confined at work.
Punitive damages may be available when the employer’s actions were reckless or malicious. Courts sometimes award them to deter similar misconduct in the future, especially in cases where confinement was part of broader abusive practices.
Federal law provides additional options. Under 42 U.S.C. §1983, if government actors or quasi-governmental employers are involved, victims may be able to pursue civil rights claims, potentially opening the door to attorney’s fees under §1988.
Remedies aren’t just about money. They send a message: workplaces aren’t above the law, and employees don’t lose their freedom at the office door.
Building A Case Against Corporate Power
Challenging an employer can feel intimidating. Companies often have legal teams, HR departments, and resources that employees don’t. But false imprisonment cases flip that script when handled strategically.
Attorneys can use discovery to demand internal communications, security footage, and company policies. Patterns of misconduct, like multiple employees being held during investigations, strengthen individual claims. Expert witnesses, such as workplace psychologists, can explain the harm employees suffer when employers misuse authority.
New York courts are sensitive to the imbalance between workers and employers. By showing not just what happened to one person but how corporate practices enabled abuse, cases can move from isolated grievances to systemic accountability.
Filing claims isn’t just about one employee. It can spark changes in corporate policy, ensuring no one else is locked in an office or threatened with arrest for doing their job.
Horn Wright, LLP, Protects Employees from Employer Abuse
Being detained by your own employer isn’t discipline. It’s abuse of power, and it’s unlawful. At Horn Wright, LLP, we’ve seen how intimidating it is when the very people who sign paychecks use confinement as control. Our civil rights attorneys know how to document these cases, how to confront corporate defenses, and how to demand real remedies. If your boss crossed the line and took away more than your time, your freedom, we’ll stand with you and hold employers accountable in court.

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