Would it be possible to sue the corporation/restaurant for negligence/endangerment/or suspension?
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Would it be possible to sue the corporation/restaurant for negligence/endangerment/or suspension?
A couple days ago, 2 men came into our resto. Both, we’ve had incidents with before. One of them, we’ve reported to the police and the higher ups multiple times for walking behind the counter, openly drinking alcohol, threatening employees, and attempting to fight the employees and customers. It got to the point that the man even goads us to call the police because he knows he’ll get away before the police even arrive due to their response time. We received a case number from a prior incident and brought it up to our general manager to take to court to receive a restraining order but they never did it, because it would be a huge legal hassle for the company. That same man walked behind the counter and stuck his hands into the fries and grabbed food, eating at the station. Out of fear and as a reaction, I slapped the box he had onto the floor, not touching him, and we all yelled at him to leave. He went back to the fries, my co-worker pushed him to leave. He was almost going to leave but his friend threw soda at us and then began to throw furniture at us, my co-worker throwing things back as self defense. Things escalated and the man pulled out a blade. He cut an employee and ran away with his friend. The police were unable to find and detain them. The higher-ups were reviewing the incident and are determined to place blame us, the employees, risking suspension.
Asked on June 3, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, you can't sue your employer for this because as you write, they have brought this matter to the police. The police can and should have done more to find him: the employer is not liable for the police's fdault to take effective action, and it is not the employer's obligation to perform the police's function.
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