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

Is the McDonald's employee entitled to workers' compensation?

  • Yes

    Votes: 11 73.3%

  • No

    Votes: 4 26.7%
  • Total voters
    15
aps said:
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.
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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 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.
 
talloulou said:
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.
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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.
 
Reverend_Hellh0und said:
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.
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Allowing a robber to make off with some money isn't really comparable to standing by and watching a woman get slapped around.
 
talloulou said:
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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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.
 
Reverend_Hellh0und said:
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.
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Well obviously you can be well within your legal rights while being morally bankrupt. :mrgreen:
 
Vader said:
The man was injured in the performance of his duty.
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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
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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.
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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.
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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.
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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.
 
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aps said:
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.
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You sound like an attorney, Aps. Are you an attorney??
 
Lerxst said:
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.
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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.

:lol:
 
independent_thinker2002 said:
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.
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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.
 
Has anyone seen the video? I can see it's out there but I am having trouble actually viewing it.
 
Vader said:
You sound like an attorney, Aps. Are you an attorney??
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Yes, I am an attorney. Do you need some representation in a criminal offense? ;)
 
aps said:
Yes, I am an attorney. Do you need some representation in a criminal offense? ;)
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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. :)
 
Vader said:
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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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. ;)
 
I am looking for a criminal attorney right now.... *hint hint* ;)


My husband had an argument with our next door neighbor's baby daddy or whatever, the guy called the cops and said my husband was threatening him and now my husband is being charged with a felony count of making a terroristic threat. So yeah, we're trying to find a good attorney right now and it's quite stressful. It just really pisses me off that they are throwing around the term 'terrorist threat' so lightly when there is so much worse threats you can do than argue with someone over a parking space. I know this isn't the place to rant but I am just so pissed about it right now.
 
americanwoman said:
I am looking for a criminal attorney right now.... *hint hint* ;)


My husband had an argument with our next door neighbor's baby daddy or whatever, the guy called the cops and said my husband was threatening him and now my husband is being charged with a felony count of making a terroristic threat. So yeah, we're trying to find a good attorney right now and it's quite stressful. It just really pisses me off that they are throwing around the term 'terrorist threat' so lightly when there is so much worse threats you can do than argue with someone over a parking space. I know this isn't the place to rant but I am just so pissed about it right now.
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WTH is that about? Do you know what your husband said? You can PM me if you'd like. That sucks. So is it his word against your husband's? Or was someone there to witness it?
 
aps said:
WTH is that about? Do you know what your husband said? You can PM me if you'd like. That sucks. So is it his word against your husband's? Or was someone there to witness it?
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Basically his word against ours, but this has been a long time coming. They are always doing stuff to provoke us and try and aggravate us. We do have a neighbor across the street we are friendly with and who saw the whole thing who is going to be a witness- so hopefully it'll get dropped before it starts. It's just the whole waiting around part and the scary charges that are stressful. At least now our next door neighbors aren't bothering or harrassing us anymore. I can find a rainbow in this somewhere. :2razz:
 
americanwoman said:
Basically his word against ours, but this has been a long time coming. They are always doing stuff to provoke us and try and aggravate us. We do have a neighbor across the street we are friendly with and who saw the whole thing who is going to be a witness- so hopefully it'll get dropped before it starts. It's just the whole waiting around part and the scary charges that are stressful. At least now our next door neighbors aren't bothering or harrassing us anymore. I can find a rainbow in this somewhere. :2razz:
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Get yourself a Rotweiller. :mrgreen:
 
americanwoman said:
Hey now our cocker spaniels bark their little hearts out at strangers. :mrgreen:
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It's funny, my smaller dog does most of the barking and my big one just stands there like "What's going on?". Of course when the big one does bark, you know it.
 
aps said:
Yes, I am an attorney. Do you need some representation in a criminal offense? ;)
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You are? What kind?


This is surprising to me, not trying to be offensive, but given out conversations in the DUI as Murder discussions, i didn't peg you as a legal beagle.....


Learn something new everyday....



(though that picture you have elsewhere on DP, you look like one) ;)
 
Reverend_Hellh0und said:
You are? What kind?


This is surprising to me, not trying to be offensive, but given out conversations in the DUI as Murder discussions, i didn't peg you as a legal beagle.....


Learn something new everyday....



(though that picture you have elsewhere on DP, you look like one) ;)
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I'm not a criminal attorney, and I'd rather keep quiet as to what area of law I am in because there is a very small population in this area, and it would make me uncomfortable.

Criminal stuff is not my thing, but I stand by the murder/dui stance. ;)

Which picture are you talking about? I have a very conservative look.
 
aps said:
I'm not a criminal attorney, and I'd rather keep quiet as to what area of law I am in because there is a very small population in this area, and it would make me uncomfortable.
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Understood.


Criminal stuff is not my thing, but I stand by the murder/dui stance. ;)

Which picture are you talking about? I have a very conservative look.
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the one i think in the tavern pick thread.
 
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