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Post by mrwednesdaynight on Dec 28, 2007 20:59:06 GMT -5
Yes, at least at my last job there was a zero tolerance policy with this. I worked at a movie theater and its was stressed over everything else, do not try and be a hero under any circumstance. If a person was choking or injured, all we could do was call for the proper help and alert the management on duty. If we were to mess up in anyway trying to help, then we opened the company and ourself up to a lawsuit and other potential trouble. If we were being robbed, we were to comply with all demands within reason and not try to stop the robber. The company is completely in the right here. The rule isn't just for the protection of the customer but, the employee as well. The robber could easily have had a hidden weapon and killed this guy for chasing him down causing even more trouble. If I was choking in a place like a movie theater, and almost died because of it, and the employees did nothing but STARE at me while it happened and didn't try to help, THAT'S when I'd sue them. Maybe thats were these problems are coming from, a sue happy culture and a judictial system that is sympathic to morons. ive had my house broken into and have been robbed three times. the answer the cops give me is get renters insurance. when i questioned whether or not i could put bear traps in my backyard to take care of the people sneaking in around back, i was told that would put me in the wrong. if you ask me, if a criminal steps in a bear trap while sneaking around my backyard then its his own fault. he shouldnt have been in my backyard. if a criminal gets beaten down by a store clerk running out of a store with stuff they stole, then maybe they shouldnt be stealing. what happened to common sense? lawyers, thats what.
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EvilMasterBetty, Esq.
Bill S. Preston, Esq.
Bird...Birdie...birdie......Tiger...Tiger Tiger.....
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Posts: 17,355
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Post by EvilMasterBetty, Esq. on Dec 28, 2007 21:05:33 GMT -5
I think the grounds for termination are extremely close to the line. Because he was clocked out for break (which, depending on the policy of Whole Foods, could mean he's not actually on the clock) and the contact took place well outside of the store, he could probably sue for wrongful termination. It would be interesting to see at what point a person ceases to be an "employee" or a "customer". I don't know the law in Michigan, but at least on the surface it seems like it could be close case. I would be interested to see what the law is.
As for the helping people choking, it's actuall against the law to help someone if you are not properly trained. If you were to, say, give someone the heimlech and you cracked a rib, they could sue you for damages and they'd win. Plus, you cannot sue people for not helping unless they're propery trained, in which case they have a duty to respond. So remember, unless you're trained in life saving techniques, do not go and help someone. I know it sucks, but thems the rules.
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Post by Mayonnaise on Dec 28, 2007 21:20:21 GMT -5
Yes, at least at my last job there was a zero tolerance policy with this. I worked at a movie theater and its was stressed over everything else, do not try and be a hero under any circumstance. If a person was choking or injured, all we could do was call for the proper help and alert the management on duty. If we were to mess up in anyway trying to help, then we opened the company and ourself up to a lawsuit and other potential trouble. If we were being robbed, we were to comply with all demands within reason and not try to stop the robber. The company is completely in the right here. The rule isn't just for the protection of the customer but, the employee as well. The robber could easily have had a hidden weapon and killed this guy for chasing him down causing even more trouble. If I was choking in a place like a movie theater, and almost died because of it, and the employees did nothing but STARE at me while it happened and didn't try to help, THAT'S when I'd sue them. And if someone at the theater tries to help and you were to die your family could easily sue because the theater let someone who doesn't know what they are doing try to help and potentially make it worse. Its a no win situation for the companies because no matter what they do, someone can and will sue (and more than likely already has). Its not a rule or situation that I like but, with people so happy to sue over the slightest thing I don't blame people for covering their asses.
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Post by Captain Wonderful on Dec 28, 2007 21:22:01 GMT -5
Someone tried to steal a TV from Toys R Us once, so the store manager chased him outside and kicked the shit out of his car. In essence (and by "essence" I mean "undeniable reality"), he responded to shoplifting with criminal damaging. So, I guess an eye-for-an-eye, or, in this case, law-for-a-law is a perfectly acceptable reaction, just as long as you don't TOUCH the guy in any way, shape or form.
It's good to know these things.
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Post by mcclanahan on Dec 28, 2007 21:53:05 GMT -5
I hate to say it, but the grocery worker should have been fired. What he should have done is call the police department, report the shoplifter to the proper authorities, and have them track down the shoplifter. In this case, taking the law into your own hands could become a liability, especially if you injure him on company property (as the shoplifter could sue the company for thousands, if not millions). here's the problem with that, when you do things like that there is less than a 1% chance that the shoplifter will be caught, however if someone stops them and catches them in the act they are almost 100% likely to go down for it, any lawsuit will generally be thrown out (I learned this after people tried suing Wal~Mart for Asset Protection stopping them), the man was fully within his rights to stop someone who was breaking the law (people get rewards for this all the time, keys to the city, whatever), he shouldn't have been fired for it, if it had been a random customer who did it they would have praised the customer, but because he was an employee he was fired
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KLRA
El Dandy
Halt. I am Reptar.
Posts: 7,591
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Post by KLRA on Dec 29, 2007 0:58:12 GMT -5
If I was choking in a place like a movie theater, and almost died because of it, and the employees did nothing but STARE at me while it happened and didn't try to help, THAT'S when I'd sue them. Maybe thats were these problems are coming from, a sue happy culture and a judictial system that is sympathic to morons. ive had my house broken into and have been robbed three times. the answer the cops give me is get renters insurance. when i questioned whether or not i could put bear traps in my backyard to take care of the people sneaking in around back, i was told that would put me in the wrong. if you ask me, if a criminal steps in a bear trap while sneaking around my backyard then its his own fault. he shouldnt have been in my backyard. if a criminal gets beaten down by a store clerk running out of a store with stuff they stole, then maybe they shouldnt be stealing. what happened to common sense? lawyers, thats what. Well TORT reform (the thing that would stop these retarded cases from getting through) is a biiiiiig issue now a days. THANK GOD. I myself almost got in trouble because I caught someone stealing from my house once, so being trained in boxing I punched him in the head and broke his nose and then handcuffed him to a chair and called the police. I was informed by the police that this guy had a case of assault against me. The guy DID end up sueing me. Luckily, the jury was on my side and ruled in my favor because HE WAS STEALING FROM ME. Still ended up having to pay for the lawyer though.
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Post by Time Lord Soundwave on Dec 29, 2007 1:06:48 GMT -5
Geez, and I thought it was bad when I got fired from my job for saying something I never actually said. This, however, is total bulls***.
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Post by Koda, Master Crunchyroller on Dec 29, 2007 1:27:43 GMT -5
It is things like this that makes me laugh at America's law system. When the criminal can sue the innocent for any injuries the criminal received during their attempted crime, and WIN, something is wrong.
Hell, my most favorite stupid injury leading to major bucks case was when a woman tripped over a baby inside of a major retailer and broke her ankle. She sued the company and won millions. The kicker? The baby she tripped over was HER OWN BABY!!!!!!!
So basically, if you get injured in any way, shape, or form inside of a retailer, you can sue and win no matter what.
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Dean-o
Grimlock
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Posts: 13,865
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Post by Dean-o on Dec 29, 2007 1:37:26 GMT -5
Suppose the shoplifter pulled out a gun and shot him. The victim's family would sue the grocery store, and most likely win. Every retail company i've ever worked for clearly states that under no circumstances do you attempt to stop a shoplifting or robbery. Why? Because some merchandise isn't worth the risk of safety.
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Post by drjayphd (feat. Pitbull) on Dec 29, 2007 2:14:59 GMT -5
I saw a story of this same thing happening at Home Depot. I still vote what the ef mang... I mean, sure, stores would probably eat the loss than get sued, but you expect employees to go even a millimeter out of their way to do anything at work when this happens?
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Post by G✇JI☈A on Dec 29, 2007 2:33:09 GMT -5
The worker was an idiot.
Sure the thief broke the law. But he was only stealing Groceries. OK If he was stealing a priceless Picasso I may understand.
Sometimes you just have to cut your loses and hope the insurance will cover it.
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Post by lockedontarget on Dec 30, 2007 18:18:38 GMT -5
Why would the shoplifter even be considered a "customer" anyway?
When you go into the store with no intent to actually buy anything, and every intent to just steal things, you are NOT a "customer"
I hope the employee sues for wrongful termination and wins.
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Post by Maidpool w/ Cleaning Action on Dec 30, 2007 18:23:17 GMT -5
If I was told to pay a theif/attacker in a law suit because he got hurt while I stopped him from hurting me/my family or stealing from us, I'd tell the judge right there in court that he might as well lock my ass up 'cause I wouldn't pay crap.
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