View Poll Results: Is the McDonald's employee entitled to workers' compensation?

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  • Yes

    11 73.33%
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    4 26.67%
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Thread: McDonald's: No workers comp for employee shot protecting patron

  1. #21
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by MrVicchio View Post
    Perspective people.

    When I worked for Best Buy they made it clear you do not interefere with a criminal, you could even be fired, adn should attempt to stop a shoplifter or robber and get injured the company won't pay. It's in the contract, and I'm BETTING McD's has the same.

    So no, as much as it might seem assholish to say this, he has no case other then emotional appeal. They can't pay this guy, or allow such behavior.

    Why?

    It would endanger other employees, some of whom might get really hurt or killed trying to stop a roober, and conversely, they might be liable for injury TO a robber by an employee.

    So no, this guy should lose his case outright.
    This mentality is why the world is the way it is today. Where I live a few years back a woman was beaten in a hair salon by a maniac. If I remember correctly the hair salon folks all ran to a back room and locked themselves in. The woman managed to escape her attacker, flee the hair salon, and attempted to run into a pizza joint nearby. The pizza joint employees had already known what was happening and had locked their door. They refused to let her in - though they could have. So her attacker caught up to her and started beating her again.

    McDonalds comes off as very crappy in this scenario.

  2. #22
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by aps View Post
    First, I love what the employee did. No question he has an exceptionally good heart.

    However, having said that, reading the description of what he did looks like he was outside the scope of his employment. It would be one thing if he took the woman and locked himself in a bathroom with her to PREVENT the guy from continuing to attack her. But he physically assaulted the guy. To me, he went overboard, IMHO (that's what I would argue if representing McDonald's ). I can't blame McDonalds for rejecting the workers comp claim.

    Again, I think what the employee did was truly exceptional, but he could have protected this woman in a better manner than he did.
    The man was injured in the performance of his duty. McDonald's is required to pay out for workplace injuries and they will be forced by a court of law to do so.

    As a governing body I would severely fine the owner of the franchise for his excessive greed and failure to follow the law.

    He can allow workman's comp or he gets fined $250,000 for refusing to do so. Simply put -- he takes care of his employee or his business goes bye-bye.

  3. #23
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by danarhea View Post
    Good point, and I think he will get his worker's comp because of my own experience. My first part time job was when I was 16 years old, and it was as a dishwasher at a Big Boy's Restaurant. One day, the dishwasher broke. I repaired it. It took me 2 hours, and I was not paid for those 2 hours because I was "not doing my job". My father filed a complaint with the Labor Relations Board in Michigan, and I was fired because of it. However, I was awarded those 2 hours plus unemployment for 13 weeks.
    I would have filed a multi-million dollar lawsuit against the company and the manager who fired you.

    That sorry son of a bitch.

  4. #24
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by Vader View Post
    The man was injured in the performance of his duty. McDonald's is required to pay out for workplace injuries and they will be forced by a court of law to do so.

    As a governing body I would severely fine the owner of the franchise for his excessive greed and failure to follow the law.

    He can allow workman's comp or he gets fined $250,000 for refusing to do so. Simply put -- he takes care of his employee or his business goes bye-bye.
    At a minimum, I think it's arguable as to whether his beating that man was within the scope of his employment. This isn't some factual scenario that establishes undebatably that the guy was within the scope of his employment. To me, his physically assaulting the guy was beyond his employment. That is my legal opinion. I understand people wanting to have this guy get his medical expenses paid and if McDonald's supported the claim, I would be happy. But based on my reading of the facts, I believe he was outside the scope of his employment.

  5. #25
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Legally, McDonald's is correct in denying it. But it would be wise to make an exception in this case because the bad press will cost them more in the long run.
    Quote Originally Posted by faithful_servant View Post
    Being a psychiatric patient does not mean that you are mentally ill.



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

    Quote Originally Posted by aps View Post
    First, I love what the employee did. No question he has an exceptionally good heart.

    However, having said that, reading the description of what he did looks like he was outside the scope of his employment. It would be one thing if he took the woman and locked himself in a bathroom with her to PREVENT the guy from continuing to attack her. But he physically assaulted the guy. To me, he went overboard, IMHO (that's what I would argue if representing McDonald's ). I can't blame McDonalds for rejecting the workers comp claim.

    Again, I think what the employee did was truly exceptional, but he could have protected this woman in a better manner than he did.
    He got the guy off the woman and out of the store. The guy returned from his car with a gun. I imagine there wouldn't have been a way to get the guy off the girl without assaulting him. Had the situation been left to go on maybe the guy would've killed the girl since he travels with guns. Had the employees all stood around doing nothing - waiting for the police I imagine people would have watched the youtube video and shook their heads over a woman getting slapped around while men stood by doing nothing. A Mc Donalds hero could've been great PC for the food chain if they'd known what to do with it. Refusing the guy benefits was not the right move.

  7. #27
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    Re: McDonald's: No workers comp for employee shot protecting patron

    I remember when bank robberies in NYC spiked a few years back and all the news was about how willing the cashiers were to give them the money.

    The banks were upset with thier employees for it....



    If I was a teller. I'd hand the money over right quick. It ain't my money, and you ain't paying me enough to get shot for it.
    Let evil swiftly befall those who have wrongly condemned us

  8. #28
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by independent_thinker2002 View Post
    Legally, McDonald's is correct in denying it. But it would be wise to make an exception in this case because the bad press will cost them more in the long run.
    Kinda like that coffee thing a few years ago

  9. #29
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by talloulou View Post
    He got the guy off the woman and out of the store. The guy returned from his car with a gun. I imagine there wouldn't have been a way to get the guy off the girl without assaulting him. Had the situation been left to go on maybe the guy would've killed the girl since he travels with guns. Had the employees all stood around doing nothing - waiting for the police I imagine people would have watched the youtube video and shook their heads over a woman getting slapped around while men stood by doing nothing. A Mc Donalds hero could've been great PC for the food chain if they'd known what to do with it. Refusing the guy benefits was not the right move.
    I totally see your point. There was that You Tube video of this young girl getting her butt kicked by some jerk who cut her in line. I was STUNNED that no one helped her. There were people standing in line doing nothing. If I saw someone get hit, it would be a reflex for me to run to that person and pull them away so that they couldn't get hurt anymore.

    That's what I wish the employee had done. Grab the woman and put her out of harm's way.

  10. #30
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by Reverend_Hellh0und View Post
    I remember when bank robberies in NYC spiked a few years back and all the news was about how willing the cashiers were to give them the money.

    The banks were upset with thier employees for it....



    If I was a teller. I'd hand the money over right quick. It ain't my money, and you ain't paying me enough to get shot for it.
    Allowing a robber to make off with some money isn't really comparable to standing by and watching a woman get slapped around.

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