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

Job discriptions for crew members at McDonalds. To work all stations in the store. To do anything asked to do inside or outside of the store.

To correct all unsafe conditions or report them to manager.

To make sure customer has pleasant dinning experience and leaves the store smiling.

Maybe his actions fell under the McDonalds policy of customer satisfaction.

Well i have been a siren call trying to show people companies are just a bunch of hype for money. This is to be expected. BOYCOTT MAJOR COMPANIES that fund evil secretly and wear a pretty face. We the public see through the false facades of companies like this.

Originally posted by napayshni57
Job discriptions for crew members at McDonalds. To work all stations in the store. To do anything asked to do inside or outside of the store.

To correct all unsafe conditions or report them to manager.

To make sure customer has pleasant dinning experience and leaves the store smiling.

Maybe his actions fell under the McDonalds policy of customer satisfaction.

Good points. I smell a multi million dollar law suit. When it gets to court, the fact that it could have been setteld for 300K in medical expenses will weigh heavily against them on the punitive damages front. I say sue for 10mill and settle for 2.5 to 3mill.

Gentlemen's bet that he gets it if he sues.

reply to post by 44soulslayer



So, McDonald's policy is that if a customer is being actively assaulted inside a McDonald’s location the employees should call 911 and do nothing except wait the 10 minutes to an hour for the police to show up and just watch while the customer is possibly maimed for life or murdered in front of their eyes. And you are OK with that?!

Your attitude and McDonald's policy are in stark contrast to civilized behavior.

After this I too will not eat McDonald's cuisine unless and until they make a public apology and reverse this heinous inhuman policy.

Thankfully, whether workers compensation benefits are paid to this injured good Samaritan is not McDonald's decision. It will be decided by the state's department of labor and industries. McDonald's merely takes a position as to whether workers compensation benefits should be paid. I hope all the McDonald employees who become aware of this take some form of collective protest against their employer.

reply to post by LostNemesis


Sorry, but you are wrong. I am a law student, and we covered this in Torts II. The test is "scope and coarse" and while you may disagree with the law, in the vast majority of jurisdictions this would without question qualify.

As to duty to rescue; you are correct that there is under the laws of the US no affirmative duty to rescue, but if you begin to rescue you assume the responsibility to act, and must complete the rescue (as a reasonable person of ordinary prudence would). Once this employee intervened he was under a legal duty to continue until the danger was over. Justice Cardozo once wrote "Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore these reactions of the mind..." 232 N.Y. 176

reply to post by LostNemesis


He deserves to be paid while he is unable to work due to being shot. He did the right thing, whether his supervisor told him to or not.

As far as I know, Domestic Abuse is not actually against the law, unless charges are pressed by the victim.

Yeah, that's like saying murder isn't illegal so long as you get away with it. It's definitely illegal, and as a witness he could have pressed charges against the man even if the woman did not want to.

The only reason they can't do anything if the victim doesn't press charges is because usually that is the only witness. If a cop were to actually witness it, you bet the man would go to jail whether she pressed charges or not.

reply to post by Blueracer


I don't give them any of my money anymore.. haven't eaten there in over a year and a half, and I feel GREAT.

reply to post by Zerbst

You don't have to intervene due to risk of injury but it is illegal not to call the cops due to what is called the "Kitty Genovese Law," or "Good Samaritan Law," which dates back to the rape and murder of a New York woman named Kitty Genovese in the 1960s.

The flip side? Many American police agencies just don't bother to respond or refuse to do their job when they do arrive; I can document many times I have personally witnessed or experienced that action just in the past few years. It is even worse if you live in predominately non-white areas since it is not uncommon for police offers to harass or even find grounds to arrest witnesses or victims in some instances to avoid working the original case. Orlando and Daytona Beach anyone? In their defense, a lot of people won;t talk to them either due to attitude or fear of reprisal from perpetrators so it is a never-ending story. Been there, seen that too.

I just moved north of Orlando and it is remarkable how different the LEOs are there, the community has a lot of problems but the cops are very honest and dedicated and easily the most approachable I have ever dealt with. Too bad not everyone can say the same, I wish everyone could live in a community where they feel safe. At any rate I sure am glad not to work in the public sector where money is present, God only knows how convenience store workers and cashiers feel nowadays when they go to work. I get queasy every time I see one of them step out from bulletproof glass because you never know if the guy in line behind you is up to no good.

Originally posted by Alternative

I don't like Mcdonalds and typically I avoid any fast food restaurants. But people who work at McDonalds are not security guards or police officers. If they want to become a citizen and do something about it, they should wave their rights to employer benefits.

I disagree. Life isnt all about making money, money, money. Its that attitude that has gotten us into the economic mess we are in. "Humanity and ethics be damned, pump up that bottom line!"

People should boycott McDonalds over this. And write them a quick email telling them why they are boycotting them.

www.mcdonalds.com...

Corporations exist at our pleasure. We make or break them by purchasing or not purchasing their goods or services. They either adapt to our demands and provide us what we want, or, like GM, they fail. Everything that is done to change society does not need to be enacted via legislation. Social pressure works. Boycotts work. Strikes work. (when the government does not intervene)

We have forgotten in America that corporations exist to serve people, and we have turned the whole system on its head with people dancing to the corporate tune instead of the other way round. Its ludicrous. I like living in a world where people would intervene if I was getting robbed, beaten, murdered, etc. Actions like refusing workers comp. or other compensation to employees that step up and help a victim tend to make that kind of action by other employees less likely. It tends to send a message to all people that helping others is stupid, not kind, not just.

There are other places to eat, and an email takes a couple minutes. Tell them what you think of them, and tell others too. We dont have to live in a world where its all about the money. We could live in a world where people cared about people. If thats the world we want to live in, we need to make it happen by pressuring people who work against that world, whether intentionally, or because they are promoting the bottom line over humanity.

reply to post by Pimpish


That it incorrect. If an LEO sees signs of distress or injury a party must be arrested and removed from the home. The problem lies in detemining which one since domestic violence cases often are two-way streets.

Never, ever think for a moment that those cases are all men on women either. Spend some time with cops, domestic violece advocates and victims groups and you will be quite surprised how often women are the aggressors and how much damage they do. Unlike women they are no groups out their offering help en masse to men either.

reply to post by LostNemesis


It has nothing to do with job requirements and everything about morality. If i was to see a guy hit a woman, I would make sure the police were called then proceed to beat the crap out of him.

Originally posted by alaskan
If anything, I'd expect mcdonalds to give the guy some kind of award, and spin it like "that's the kind of person that works for us, and we're proud."

No doubt... what an opportunity this was for MickeyDees...


Wow...someone really borked that one up

Incredible. You know things have gotten bad when decent people are not rewarded for doing good, even heroic acts.

reply to post by rufusthestuntbum


If your story is true, there are about 1000 attorneys in the yellow pages that will take a case like that in a heart beat. That is pure negligence of faulty equipment that injured an employee that was working on the job. Insurance companies like to believe they are the law but they are not. They deny everyone you have to sue. It's laughable to think that they even have a snow ball chance in hell of not paying for damages. It would never go to court it probably would settle out of court. I would tell your friend to sue them take the money and go elsewhere. Who would want to work for a bunch of scumbags like that anyways. Everyone pays workers comp it is automatically taken from your paycheck! If you are injured you have a right to it.

Originally posted by napayshni57
Job discriptions for crew members at McDonalds. To work all stations in the store. To do anything asked to do inside or outside of the store.

To correct all unsafe conditions or report them to manager.

To make sure customer has pleasant dinning experience and leaves the store smiling.

Maybe his actions fell under the McDonalds policy of customer satisfaction.

*SNIP*

Same thing here, really.

I saw someone saying why aren't people being rewarded for doing the right thing? really, are you serious? Why do you have to be rewarded for doing the right thing? Maybe there isn't a reward fo it nor should there be. I mean, when you stop for a stop sign, does a dollar pop out of your heater vent?


Mod edit: Removed inappropriate comment.

[edit on 2/23/2009 by Hal9000]

Originally posted by John Matrix
Being a good samaritan and coming to the defense of a woman being beat up by a man is definately not for cowards. It's a good thing for her and others that everyone does not think like you. It has nothing to do with being a "Rambo" and everything to do with concern for your fellow citizen.
I can't wait until people that think like you are all gone.

If you actually knew about what I do and when, you'd know how silly and sad that statement was.

Myself, I'd react the same way and bounce the guy, at the same time, I wouldn't expect my employer to comp me for it.

... and yes, you're talking to someone who has come to the aid of another while there was just a ring of spectators waiting for someone else to help.

*SNIP*

Mod edit: Removed insult.

Courtesy Is Mandatory

[edit on 2/23/2009 by Hal9000]

McDonalds=Evil

Had the man NOT done anything or any of the other employees then they all wouldve lost their jobs for not doing "something". Catch 22. Big money wins again. This is why I wrote in Vladimir Putin in the last election.

In Russia Big Macs YOU!!

reply to post by LostNemesis


I'm glad there are not a lot of people like you in my company.

I guess I'd let somebody beat the crap out of you knowing your attitude.

Originally posted by 44soulslayer
Why should McDonalds pay compensation? They ought to give him an award, possibly a promotion and higher wages.

But "compensation" implies that McDonalds was at fault. It was not. He just happened to be working in one of their branches when he intervened. What if the man had been working in a small bookstore and been shot? Would you expect the owner of the small bookstore to pony up the compensation? All of you are too eager to jump and slam the corporations just because they are the big, easy target. Liberals will never understand this concept, but just because they can afford to pay doesnt mean they should be forced to do so.

How about we blame and penalise the person who committed the crime, rather than the faceless corporation.

Logic and law dictates that the only person who should have to pay compensation is the gunman.

I understand where you are coming from however the bottom line is that Workers Compensation is set up to help people make it through with 2/3 of their pay while suffering from injury on the job. Period. Taxes are still being taken and they are eligible for medical expenses paid by the insuror of the company where the injury occured.

TRUST me, attorneys are fighting for this case.

I can only pray that the man is healing inside and out and will never think twice before coming to the aid of a woman in distress in the future, he really is a hero.

This thread really does a good job of showing why this country is such a mess.

Big mouthed wimps who would rather let their overlords take care of the problems right in front of their fat faces instead of doing the right thing. You people siding with not helping a woman getting beaten are disgusting excuses for human beings.