Do you agree with this judge?

[Salty]

Mr. Smith comes in to order a pizza
Mr. Jones makes the pizza- but Mr. Smith is not happy with it, as he says Mr. Jones did not make it properly.
Mr. Jones says Mr. Smith does this all the time - and Mr. Smith boasted he has gotten free pizzas quite often.

This particular day - it happen again- Mr. Jones excuses himself - and goes into the kitchen to vent.
Mr. Smith follows him into the kitchen and records from his cell phone.
Mr. Jones, (not realizing he was being videotaped at first) was complaining how bad a customer that Mr. Smith was. Mr. Jones - just wanted to get it out of his system.
Well, the video ended up on the internet - and when the boss returned, he fired Mr. Jones.

In Court, Mr. Smith said he was glad that Mr. Jones lost his job!

Mr. Jones sues Mr. Smith for emotional distress.

The Judge decided that Mr. Jones was not entitled to any financial payment.

What say you?

 

[HatedByAll]

The decision would depend on the state. The judge has to decide how much of the fault is due to the actions of Mr. Smith, how much is the fault is due to the business owner, and how much of the fault is due to Mr. Jones himself.

Some states allow you to divide the fault. For example, say that the firing was 50% the fault of the owner, 30% Mr. Smith, and 20% Mr. Jones. In a state that allows you to divide the fault, Mr. Jones would be entitled to 30% of the damages. In other states, the state requires the judge to discern which side is at fault. In that case, Mr. Jones would not be entitled to any compensation from Mr. Smith. And if the state has "at will" work laws, he probably has no recourse to recover damages from the owner either.

If I was the judge and my choice was only Mr. Jones vs. Mr. Smith, I would not grant Mr. Jones any compensation. If he was due any damages it would be from the business owner, not Mr. Smith. And that would depend on his past actions. Is this the first time he was "written up?" Also what recourse does that locality allow? For example were proper procedures followed according to his employment contract and those set by state. Suing the customer would not be part of the labor relations law. Mr. Smith is not his "Legal" problem.

 

[canadyjd]

Mr. Smith comes in to order a pizza
Mr. Jones makes the pizza- but Mr. Smith is not happy with it, as he says Mr. Jones did not make it properly.
Mr. Jones says Mr. Smith does this all the time - and Mr. Smith boasted he has gotten free pizzas quite often.

This particular day - it happen again- Mr. Jones excuses himself - and goes into the kitchen to vent.
Mr. Smith follows him into the kitchen and records from his cell phone.
Mr. Jones, (not realizing he was being videotaped at first) was complaining how bad a customer that Mr. Smith was. Mr. Jones - just wanted to get it out of his system.
Well, the video ended up on the internet - and when the boss returned, he fired Mr. Jones.

In Court, Mr. Smith said he was glad that Mr. Jones lost his job!

Mr. Jones sues Mr. Smith for emotional distress.

The Judge decided that Mr. Jones was not entitled to any financial payment.

What say you?

First, remake the pizza and don’t give away the first. If the second isn’t good enough, tell him, regretfully, they cannot satisfy him and he should take his business elsewhere.

Second, never say anything bad about anyone, not ever. Don’t “vent” at work.

The employees actions reflected badly on the business, so the firing was legit.

Hard to prove “emotional distress” over losing an entry level fast food job

peace to you

 

[Salty]

First, remake the pizza and don’t give away the first. If the second isn’t good enough, tell him, regretfully, they cannot satisfy him and he should take his business elsewhere.

Second, never say anything bad about anyone, not ever. Don’t “vent” at work.

But he went to a private place to do so.
Are you saying the customer had the right to walk into the kitchen and videotape?

The employees actions reflected badly on the business, so the firing was legit.

True, but he did it in private (not realizing that he was being videotape.
The boss knew this customer did it all the time
He should NOT have fired (If I was the boss - I would not have)
If this customer did this all the time, then I would have him fill out a form
requesting exactly what he wanted (then he could not refute what he asked for)

Hard to prove “emotional distress” over losing an entry level fast food job

Agree - but the unnecessary actions of this customer caused the man to be fired.

[/QUOTE]

and by the Way- Health codes would forbid a customer going into the kitchen area.

 

[canadyjd]

But he went to a private place to do so.
Are you saying the customer had the right to walk into the kitchen and videotape?


True, but he did it in private (not realizing that he was being videotape.
The boss knew this customer did it all the time
He should NOT have fired (If I was the boss - I would not have)
If this customer did this all the time, then I would have him fill out a form
requesting exactly what he wanted (then he could not refute what he asked for)


Agree - but the unnecessary actions of this customer caused the man to be fired….

and by the Way- Health codes would forbid a customer going into the kitchen area.

No doubt the customer was in the wrong by going into the kitchen. No doubt the customer was wrong in video taping the employee. No doubt the customer was wrong in being a pain in the buttocks.

But….., the employee was at work (not in private) and “vented”, That is cause for termination. Dealing with customers can be frustrating and you have to keep your cool.

I don’t buy the “emotional distress” argument. Learn a lesson and find another job.

peace to you

 

[Salty]

I would not have fired him
So I guess we will have to agree to disagree!

 

[canadyjd]

I would not have fired him
So I guess we will have to agree to disagree!

We can. I’m not a business owner, but I think I understand the reasoning.

A quick story, I worked at MacD’s in high school (many many years ago), and we were slow so our manager had me (I cooked) and the counter lady switch places (cross training I guess), and I took the orders.

One of the first customers(a teenager) was upset about how long it took to get his meal and said “what did you have to do, kill the cow?”

I responded “cows? We don’t use cows, we use rats, great big rats, we have a freezer full in back”

My manager (in shock no doubt) apologized and rushed me off the counter never to return. She didn’t fire me, and never even said another word about it.

I guess I’ve still got that impulse in me to hit back if I think someone is being rude.

peace to you

 

[SovereignGrace]

Not being an expert at all in regards to the law, it would seem the customer overstepped his bounds by going back where the customers are not allowed to go. To me, that would seem to make his video inadmissible in a court of law. But I could be wrong here, but it seems that way to me.

 

[just-want-peace]

Is there not some laws that deem it illegal to record conversations without permission of the recordee!?
If I were this judge, I would have laid a big hurtin' on this customer for creating the problem!!
Never work in today's society though as the problem creator is ALWAYS THE VICTIM!!!!

 

[canadyjd]

Not being an expert at all in regards to the law, it would seem the customer overstepped his bounds by going back where the customers are not allowed to go. To me, that would seem to make his video inadmissible in a court of law. But I could be wrong here, but it seems that way to me.

There was no criminal charges. The customer uploaded the video on the internet and the employee was fired as a result.

The employee sued the customer for emotional distress and lost.

peace to you