Just need to vent
20 year career with a major retailer. Had solid career momentum. Living decently well. Never have any issues at the job. I believe I was a good manager who treated people fairly and always went to bat for them when they deserved more. Also, just had my best year, performance wise, ever.
Back in December, as I was getting a receipt validated by security for a drink I purchased, he noticed someone possibly about to walk out with product without paying. I start moving to the side of the exit to make myself visible and just convince the guy to not bother. Not here to be a hero or get someone arrested. Just trying to deter. Have my drink in my hand.
The shoplifter, quite unexpectedly, charges at me. I’m able to turn around quickly enough and brace myself before finally separating. Security grabs the guy and I, in a moment of instinct, grab the security wrap on the item. The shoplifter pushes into me again and punches me in the face. I don’t let go of the product but I just keep saying “just drop it and leave” hoping to end the chaos. Shoplifter lets go, runs back into the store, grabs more product and tries to run out with it. I just get on the phone with 911 as security struggles with the guy. He leaves without product while I’m still on phone.
Today, I get fired because “as a leader” I “acted recklessly”. I got charged, punched in the face and fired. I’m in at At Will state, so my career is gone and now I need to find something else quickly so I can continue to pay the mortgage and rest of the bills a normal family has.
I know people say corporations don’t care about their employees, but I’m just incredibly devastated. I was a damn good employee and it’s all gone because some jerkoff charged at me and corporate refuses to see any nuance in the event.
Lawyer time. At will, maybe. But you’ve been assaulted on the job, are now suffering from severe anxiety (right???), and got fired on top of it? They’ll eat your boss for breakfast and get a nice severance package out of it.
I’d be shocked if they didn’t act outside company policy simply by moving to “deter” them. the company’s liability lawyers are never going to let whatever lawyer OP can afford to hire near OP’s boss.
Surveillance footage
What about it?
OP’s own statement is that they moved to deter the theft. Had he not moved to do so, it’s probable he’d never have been attacked.
It’s certainly likely that had he elected instead to walk away- that is to follow policy*- he almost certainly would never have been attacked.
It’s very, very, unlikely that the shoplifter’s attack wasn’t precipitated by OP’s action of placing himself in such a place.
Now imagine the shoplifter was armed, carrying a pistol, and elected instead to draw and put a couple rounds into OP- and then, because the shoplifter is already fucked if they get caught, pops a couple into the security/LP staff; and then emptied the rest of the mag in the store.
The store would have to pay out for medical bills, lawsuits, over stopping the theft of something that probably costs less than $100, and is covered by insurance anyhow
(*there’s almost zero chance a retailer doesn’t have these policies. Even mom and pop shops know better,)
As much as he may have a case so long as he didn’t act against store policy and actually attempted to he probably has a case, even in an at-will state.
The problem is that it will likely be difficult to get an attorney to represent him without an actual retainer because these cases usually draw out for a long, long time and are difficult to fight. Unless there’s a legitimate case for a class action, then the chances are slim that anyone can afford to fight the case, even if they ultimately could win because no attorney is going to devote years to this for a ‘maybe’.
The only route there may be a hope of winning here is for him to apply for unemployment and if he doesn’t get it, to appeal himself. He may get that as small of a win as that is.
Dude admitted that he put himself in the way. This case will be dropped quickly.