McDonald's: No workers comp for employee shot protecting patron

reply to post by AshleyD


McDonald's appealed that award and won. She received little or nothing in the end because she was equally negligent as well for placing a flimsy cup between her legs while driving, at least I think that was the reason. Either way she didn't become a millionaire.

Take this opportunity to ban McDonalds from your choice of eating places. I did after watching Supersize Me, so between that and this incident maybe that will be enough for some people, I hope so The food is disgusting and you can get much better food quality and pricewise else where. If you're over the age of like 30 and you eat there and you don't have kids, that is pathetic lol.

But I'm sure Mcdonalds will change their mind, these companies always seem to do that after this sort of press comes out. To think that they get away with paying their workers so low, and now this, they must think of the workers who make your food there to be scum.

[edit on 23-2-2009 by ghaleon12]

Originally posted by LostNemesis
This employee was not acting on his job requirements when he was shot, and therefor his own choice to act is his own responsibility.

I have disliked McD's and many fast food places for years, so I am not defending them.

This employee thought he was being a hero.... He probably should have called 9-1-1 if he was concerned.

For all we know, this man that shot him is usually abusive, to a woman that still chooses to be with him. Sorry to have a different opinion on this one, but it's a common story. This was between a woman that should have pressed charges and left a loser... not a min wage worker needing to take laws and matters into his own hands.

Seriously, I am surprised McDonald's is not being sued. Employees like this are a liability.

so, if you were this employee, how far would you let it go? if he kept beating her until her face was bloody? or after she fell to the floor he started to kick her in the head? or if he pulled out a knife and started stabbing her? and what if he went over to another customer, who was protesting and started stabbing them multiple times?... i guess the guy could have beat up or even killed more people whille YOU stood behind the counter with the phone in your hand giving a blow by blow description of the action to the 9-11 operator.

McDonalds

OMG, why would anyone go to this place? That stuff is expensive. It makes you fat. Shortly after you have eaten there, you are hungry again.

Disclaimer: My opinion. lol

Greetings







[edit on 23-2-2009 by TheWriter]

reply to post by Ahabstar


Hm. Are you sure? I know they didn't pay the full amount but I remember reading she still got a pretty penny for it. If I'm wrong, that's ok. But I am almost positive she still got an impressive settlement.

personally i think the guy did the right thing and mcd's should compensate him if not give him an award. i loathe mcd's- i would rather eat a road pizza skunk than their food (hell might even taste better). the guy did what was RIGHT. period. he defended a helpless(?) victim. what if he had killed her and noone stepped in? could they be held accountable?
i know if i am in public and i see someone abusing someone i step in- happened a few times btw- and if you come back with a gun you better get me on the first shot because i WILL get you on mine.
calling 911 first is a good idea but everyone knows how long it usually takes the police too show up anyway. so step in and ask the person too leave until they do show up.
that is the problem in this country anymore- everyone is to apathetic and only cares about themselves and wear horse blinders.
i say the guy did the right thing and mcd's should pay up.
what if he was just being belligerent to the cashier? they have a right to throw him out. but not for abuse? cmon

Not as bad but...

My mate was working at a store in Blackpool and broke his collarbone when the faulty dishwasher lid fell on his neck.

It could have been worse and it could have plausibly took his head off, the lid is damn heavy and the hydraulic arms broke. I worked there at the time too and it had needed repairing for around a year. On some days they made the money it would cost in 30 mins (at that one store alone)!

Did he get a penny? did he f***

Didnt even get his sick pay!

McDonalds are utter b******s, they'll probably try and sue me for writing this.

Originally posted by bigfoot1212
personally i think the guy did the right thing and mcd's should compensate him if not give him an award.

Man I agree with you, but they don't have to do a thing. Do you now why? Because people will always go there.

As long as anyone considers places such as McDonalds as a restaurant where one can socialise and eat well - this food chain doesn't have to worry at all. Their reputation cannot be damaged, because little kids are brainwashed with this Ronald McDo... stuff on a daily basis. But one can only wish that karma hits them.

Greetings


[edit on 23-2-2009 by TheWriter]

Well according to McDonalds it was not within his job description to throw people out of the restaurant for violence. If that is the case then I guess McDonalds is fine with people fighting inside the restaurant? If that is the case I really do not feel comfortable eating there. I would expect if I was assaulted in a restaurant that someone would try and help me and the person who attacked me would not be allowed to stay. If they were allowed to stay I would be outraged. This guy might have saved McDonalds from a multi-million dollar lawsuit, they should be happy.

This is one reason why i stopped going to mcdonalds. My local ones, ALL employ illegal aliens, and oona few occassions in the recent past, at driverthough, my burgers were luke warm to cold.. god knows what else they did to my food.
Mcdonalds is NO more different, than corporate buinesses like CVS, walmart, Walgreens pharmacys..tehy make billions in revenue, and eventually for some reason, start to become real greedy and stop obeying labor laws and rights. I know cause i work for a cvs...been thier, still going through it.
Dude shoulda been recognized for something at least! He'sa hero in my book. Apparently, Mcdonalds is teaching tohers now, not to care for one another...way to go ronald mcdonald. And to think, i have a pic of that evil clown holding me when i was a baby

I agree with McDonalds, security was not in his job scope. He should have called the police, and I commend him for his efforts, but since his job definition did not include security, it would not be covered. This actually happens a lot. For example, an outlet was bad, and someone who worked in the drive thru decided to rewire it and they were hurt, it would not be covered. However, if they plugged something into a faulty outlet, then it would be covered.

If he was shot just because, it would be covered. But since he went out of his job description, then no. It should not be covered. Just because you get hurt on the job, does not mean you automatically get paid.

I know people will call "boycott" McDonalds just because of this, but they need to research and understand the laws that are in place. If McDonalds pays this, they are accepting fault, and it was not their fault. The person to blame here is the one with they gun. That is where everyone's anger should be pointed, not where this man was working. If that is the case, if someone was shot in your yard, then you should be held accountable for what happened because it was on your property. If this man was in a security position at McDonalds, then they would cover it no problem. But laws state, McDonalds cannot accept this claim.

Anyone who owns their own business knows these laws, and will side with McDonalds because of the laws. Now, that does not bring into any ethics if McDonalds is doing anything to help him outside the law (donations for example) but the claim should be denied.

Working in retail management, were told NOT to persue or go after robbers or theives, were to stop an incident froom happening, otherwise jsut give em the money. CVS is more concerned about the product being payed for, than loosing cash, which i find odd.
Just my 2 cents, but not ingaging or intervining with, example, the man in mcdonalds slapping the woman, only prompts and allows more fo the bad crowd to start coming in. Remembher, crap dont move, unless YOU move it

reply to post by AshleyD


...looking it up: More than she originally asked for but less than what was awarded. I would say she got her 49 cents back and then some. But given her age and willingness to settle earlier for far less, I would say her claim was a legitimate accident and not a scam.

As for the shot worker, he can go for the big bucks because it would appear that management did not do their job very well either.



From wikipedia

Verdict and settlement
Applying the principles of comparative negligence, the jury found that McDonald's was 80% responsible for the incident and Liebeck was 20% at fault. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient. They awarded Liebeck US$200,000 in compensatory damages, which was then reduced by 20% to $160,000. In addition, they awarded her $2.7 million in punitive damages. The jurors apparently arrived at this figure from Morgan's suggestion to penalize McDonald's for one or two days' worth of coffee revenues, which were about $1.35 million per day.[4]
The judge reduced punitive damages to $480,000, three times the compensatory amount, for a total of $640,000. The decision was appealed by both McDonald's and Liebeck in December 1994, but the parties settled out of court for an undisclosed amount less than $600,000.[14] Liebeck died on August 4, 2004, at the age of 91.

Since the shooting took place after the guy was ejected, and not in the course of Haskett ejecting him, Haskett would have been back doing his normal duties, or in the process of getting back to his normal duties, when the "after the fact" non-work related event took place. There is a serious technicality here that I am surprised no one has seen yet. Therefore, the insurance company should be, and most likley will be sued once a decent civil litigator gets word of this.

Remember the multi-million dollar settlement for the little ole lady that spilt the hot coffee in her crotch at the MacD's drive through?

Can we live long enough without a McMeal Deal to boycott MacD's and make a point?

[edit on 23/2/09 by John Matrix]

reply to post by TheWriter


ty. and i agree with the brainwashing thing- look at all the commercials. fast food is one reason most people are so fat nowadays (not to mention lazy). plus they have enough money to just say fu and crush the person who got hurt while working for them and they deserve to be paid.
my gf is from the phillipines and is a chef but before i met her she was getting her kids mcds about 3xs a week because she never felt like cooking after work. i finally brainwashed them into eating venison, beef, chicken, vegetables etc for a healthier meal
i even got them to drink juice mixed with seltzer and they like it better than real soda (because i told them that is what it is lol)
everyone should boycott mcds- i know it won't happen- but would be great if everyone did

reply to post by John Matrix


Actually Im pretty sure the carpark at McDonalds would be included as part of the work environment. After all, who do you think picks up the McParking lot McLitter?

reply to post by LostNemesis


So McDonald’s employs therefore cannot kick someone out of their restaurant? I used to work in food service and if someone is being abusive to anyone else you toss them out, otherwise no one will eat there anymore. This is just common sense. I would be outraged if someone was abusive to me and the restaurant did not throw them out but just let them hang out. I cannot imagine that this is McDonald’s written policy. They probably say only a manager can throw someone out.

As far as your taking the law into your own hands comment...I could not disagree more. The way I see it, anyone worth their soul acts to help a fellow human in distress while waiting for the cops to arrive. And anyways we are overly dependent on the policy these days. It used to be in America that people and the community handled this kind of stuff on their own. No reason to spend 6 figures in tax payer dollars, have a 6 month trail, and waste the time of a public defender, when we all know what the right thing to do is and we can handle it ourselves on the spot. If I was working somewhere and I saw someone being assaulted I would step in, I feel I have a moral responsibility to do so. The new age attitude of do nothing and wait for someone else or the police to act has gotten out of hand. Although there may be some truth to this attitude in some cases, what we have today is a populous that does not go outside of their suburban bubble and probably does not even say high to their neighbors if they happen to go outside for something. There was a case in new York a number of years ago were a business women was raped in a subway by a homeless person while hundreds of people stepped over here to get by and no one did anything to help. Our cultural is sick. We are afraid of one another and social solidarity is vanishing. All this leads to people who say they would rather call the police and just stand around and serve burgers till they get there.

reply to post by Boston Tea Party


ty- that is EXACTLY what i had said before. i will always try to protect people who need help and i believe that is the right thing to do. hell if i was in trouble i would want someone to help me. why i was avolunteer fireman for years. i believe what goes around comes around. if people were more civil and thought about others the world might be a better place-never going to happen tho *sigh*.

I just sent an e-mail to mcdonalds telling them that I would no longer stop there. Not counting on a reply, but if I get one I'll post it here.

reply to post by OzWeatherman


Exactly, and he was barring him from reentering the store. So he did not resume his work duties.

And someone else touched on something too and it is true. Only certain members (managers and higher) can kick someone out of a store. Even that would require police interaction.