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

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  • Yes

    11 73.33%
  • No

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

  1. #31
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by talloulou View Post
    Allowing a robber to make off with some money isn't really comparable to standing by and watching a woman get slapped around.



    No, No it isn't. And in that case. I woudn't expect my employer to pay for my defending her.

    Though imagine if this happened in a CCW friendly state.


    Bad PR for McDonalds, but they are right.
    Let evil swiftly befall those who have wrongly condemned us

  2. #32
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by Reverend_Hellh0und View Post
    No, No it isn't. And in that case. I woudn't expect my employer to pay for my defending her.

    Though imagine if this happened in a CCW friendly state.


    Bad PR for McDonalds, but they are right.
    Well obviously you can be well within your legal rights while being morally bankrupt.

  3. #33
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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.
    No, he was not. Nowhere in McDonald's job description does it outline duties as "protect patrons from assault." From what is known at this point, he was not instructed by a McDonald's employee to protect the woman. It was not his duty. He acted as a good Samaritan and it could potentially be argued that his actions were for the best interest of the business. In that case McDonald's, or more accurately put the workers comp insurance group, could be required to pay out.

    McDonald's is required to pay out for workplace injuries
    Not exactly. Workers comp insurance is required so that if an employee is injured in the performance of their job duties there is insurance to insure compensation for the employee.
    and they will be forced by a court of law to do so.
    We shall see.
    As a governing body I would severely fine the owner of the franchise for his excessive greed and failure to follow the law.
    And how would you exactly do this since it's a matter of corporate, not franchise policy, and what mechanism of the judiciary and statute would you rely on to levy this punishment? What legal recourse is there for "excessive greed?" What law did this franchise owner fail to follow?
    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.
    I thought you were a big "keep the government out of my life" kind of guy.

    The right thing to do, as I have said before, is for McDonald's to recognize this guy for the hero he is and hold some kind of fund raiser to help pay his bills. Maybe get franchise owners and their employees to kick in and corporate would match. It's an idea. But they aren't in the business of doing the right thing and I understand that. However it would be ridiculous for McDonald's to discard their policy in light of this incident. The exposure to future and past liability is too big.
    Last edited by Lerxst; 02-23-09 at 06:50 PM.
    *insert profound statement here*

  4. #34
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by aps View Post
    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.

    You sound like an attorney, Aps. Are you an attorney??

  5. #35
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by Lerxst View Post

    I thought you were a big "keep the government out of my life" kind of guy.

    The right thing to do, as I have said before, is for McDonald's to recognize this guy for the hero he is and hold some kind of fund raiser to help pay his bills. Maybe get franchise owners and their employees to kick in and corporate would match. It's an idea. But they aren't in the business of doing the right thing and I understand that. However it would be ridiculous for McDonald's to discard their policy in light of this incident. The exposure to future and past liability is too big.

    It may sound odd coming from me but that sounds reasonable.

    For the record I am against government interference; however, I am even more against corporate corruption and abuse.


  6. #36
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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.
    Technically, that is correct; however, I think McDonald's actions are chicken****. They should stand with their employee and then tell him if he ever does that again he gets canned like tuna.

  7. #37
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Has anyone seen the video? I can see it's out there but I am having trouble actually viewing it.
    I call my own shots, largely based on an accumulation of data, and everyone knows it.
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  8. #38
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by Vader View Post
    You sound like an attorney, Aps. Are you an attorney??
    Yes, I am an attorney. Do you need some representation in a criminal offense?

  9. #39
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by aps View Post
    Yes, I am an attorney. Do you need some representation in a criminal offense?
    Awesome.

    No, I am not in trouble. I am headed to law school as soon as I finish my Bachelors.

    P.S. Anytime I post an opinion on a legal matter --- please feel free to correct me if I am wrong.

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

    Quote Originally Posted by Vader View Post
    Awesome.

    No, I am not in trouble. I am headed to law school as soon as I finish my Bachelors.

    P.S. Anytime I post an opinion on a legal matter --- please feel free to correct me if I am wrong.
    Good luck. To me, being a lawyer is SO MUCH more fun than being in law school.

    P.S. That is the beauty of the law. There is more than one way to look at a set of facts. So you may not be wrong.....just less correct.

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