Attacked at work

Sanna Thomas

New Member
Jurisdiction
Illinois
Hi. I am an employee at McDonald's. One particular day I came in to work and a coworker did not seem so happy. I was 8 months pregnant at the time. Throughout the shift I had to lift heavy materials and do heavy cleaning. I asked for help and no one helped me. The manager on that shift refused to help me do anything due to the fact that I called corporate office on her a time before due to the fact she stated because I was getting paid ten dollars per hour I can train my f#$%&#g self. So I never received training which led to me not knowing how to do the job correctly. For that reason she did not like me. So I asked a few of the coworkers for help and they ignored me. A customer came and complained about how dirty the place was so I stated to my manager there are customers complaining about how dirty it was she told them they can go elsewhere. I stated that it's not good customer service and we can't just leave the place dirty and I can't do it alone because it was too much being pregnant. One coworker had gotten mad because I said we can't leave it dirty and she began to call me a b###h. And there started a argument. We argued back and fourth and another coworker that was friends with her came around the register (she was on a lunch break) and attempted to swing. The cooks had to hold both of them back from attacking me. They screamed for them to let them go and stated I will stomp the baby out of you. I was pinned in between the coffee stands. Less than 5 minutes later I clocked out and called police. The police arrived I told them what happened and they attempted to make an arrest. They said they needed to view the camera in order to make the arrest of assult, which the manager on that shift had access to. The manager lied and said it was broken and that a repairman had been called to fix it but one never came. So therefore they couldn't make an arrest. The very next day I called my manager and he told me to come in with the coworkers to discuss. Only one coworker showed up. He asked what happened and we both spoke. The coworker that showed up was the one that ran around the corner to attack me with the other coworker so she was not aware of what happened they were friends which made her come to attack me. He listened to what she said and had us write statements. I wrote that I was attacked due to asking for help and they didn't like the fact that I said we should not leave it dirty. He didn't like the statement I wrote so he told me I was suspended. Neither coworkers were suspended. He told me to call Friday to see if I could keep my job. I called two weeks straight and finally he called me back to come in. When I came in he told me that he didn't like the statement I wrote and to change it as if he wanted me to say it was my fault and to make it as if I wasn't assaulted that it was only a argument. I didn't do that so he told me he would give me a call when I can come back. I called corporate again and they spoke to him. I asked was I under suspension and they said no. Which he lied and didn't process a suspension he just didn't let me come back to work. Still didn't hear from him. A week later he told me to come in for work. I went back to work and he talked about the situation more. I asked him well what do you want to do and if I was fired to let me know. He said he didn't know and I explained to him I didn't feel it was fair that I wasn't allowed to come back to work and I was the one attacked. I was allowed to go back to work the same week. Shortly after one of the women mentioned to me the only reason I came back is because two people quit and they had nobody to work that's the only reason I was able to come back. I spoke to the manager about it undecided of working there again and he told me if I didn't work I could get a bad mark on my employment history he was going to put theft on my background for a drink I didn't pay for which my manager that shift allowed me to recieve. I was scared so I kept working. I ended up having my baby Early and he wasn't able to go home for two weeks. He wouldn't eat. I feel as if they discriminated against me because I called corporate. What do you think and do I have a case?

Yes... Your case is very strong as a matter of fact to quit. That is your only choice since it seems you have a problem with getting along with people.
It's only the few people. Everyone else is very polite and I have a good relationship with the other coworkers. One of the coworkers in the incident ended up quitting while I was gone when I had the baby because it was too hostile.

I only called corporate twice when I didn't get proper training and was disrespected due to the hourly pay i was receiving and when I wasn't allowed to go to work because I was assaulted. In fact the customer never complained about my work reread please. They complained about the cleanliness which my manager ignored. Once again I was pregnant did you read that part and I had notes from my doctor for light duties!!! Which they were aware. The fact that two women assaulted me and threatened to stomp my unborn baby out of me doesn't sound like an assault? That's funny. The fact I was told I was put under suspension and in actuality It was never documented is legal? Also it was only one manager and her two friends that didn't like me there due to me calling corporate. Personal feelings should never be involved at the workplace. I had some days I didn't feel well but I never came to work and showed it because my job was to service the customer. An argument is verbal assault is physical. There's a difference. And the fact they lied to police and stated that camera was unavailable that's legal too? There are plenty of people there that love me. I speak to everyone with manners and respect everyone. This is why I felt scared to come forward because like my store manager he felt like nothing they did was wrong.

Assult: the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. This is what I found when looking up assult. If you reread again I stated she swung to hit me and missed and the cooks held her so that she wouldn't hit me. And also if you reread I stated I could not perform my job duties properly due to the fact the manager on that shift didn't want to train me. So therefore I found something to keep me occupied I started cleaning after the customer stated about the mess. That wasn't my assigned duty. I was supposed to be preparing drinks and prepping food. But I was clueless of how to do that. And they wanted to see the video on their own will because I was threatened that they would kill my unborn child and also tried to attack me while pregnant. If the cooks were not there I would have been hurt and would that be legal? So is it legal that my manager lied and said the video didn't work. I'm just appalled that all this is legal. Honestly I didn't care if they were happy about it that's what corporate is for if your having a work related problem you can call them. Calling the police was to ensure my safety because I was told I would get my child stomped out of me. But thanks for your opinion.

Ok its illegal to protect myself thanks!

My story is consistent I didn't want to go into every specific detail. But what do people do when they argue? Like you said it was church worthy. But once again. I don't feel like the way I was treated was legal and if it was the same on both ends I was the only one suspended but thanks for your opinion.
 
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Yes... Your case is very strong as a matter of fact to quit. That is your only choice since it seems you have a problem with getting along with people.
 
Paragraphs would help. It seems you have a history of calling corporate whenever you disagree with how your manager handles things. That is not going to make you popular at work and is not legally protected. You weren't on any sort of light duty so you could be expected to do all the usual duties. Pestering multiple people, who have their own work to do, to help you, and customers complaining about your work are problematic. It doesn't sound like you were assaulted, just got into an argument with a coworker. It also sounds like you started it.

I suggest looking for another place to work. They did nothing illegal or even inappropriate based on what you shared.
 
Suspensions do not legally need to be documented. You were tasked with cleaning and a customer complained about cleanliness- yes you can be held responsible for that. Whether or not your employer had to honor the light duty depends on your state, whether it was reasonable to exempt you from those duties, and if the duties were within your restrictions. Only a few even require that much.

When two are more people are screaming at one another and arguing, no, it isn't assault. It is just unprofessional behavior. The cops didn't need to see video to make an arrest. That would be evidence in a trial, not at all necessary to make an arrest. No arrest was made because the police don't generally care much about workplace disputes. Even calling the police was a bit dramatic if there were no injuries and everything was verbal. Your right to call, but it certainly isn't going to endear you to your coworkers or restaurant management. Same with the calls to corporate. You can call, but to expect your coworkers and managers to be happy about it is totally unrealistic.
 
It is legal because there are no laws that say it is illegal. While that might be the "legal" definition of assault, I can promise you that arrests are extremely rare, especially when there are no injuries, and both parties are at fault for the argument. The police would have no time for anything else if every argument that included a threat of some kind resulted in an arrest. Arrests are at the police officer's discretion. You can't force the police to arrest someone, nor are they obligated to do so. I wasn't there and neither were the police so whether it was a credible threat and your life was truly in danger or whether your coworker was just spouting off in the heat of an argument, no one can say. Sounds like you have one opinion and your coworkers hold another. Even video wouldn't really change this. The police officer would be no more obligated to arrest after seeing the video than he/she was after taking statements and speaking to witnesses. You don't mention what you said during this exchange, but I'm betting it wasn't language and tone appropriate for church. You were both in the wrong, no one was hurt, the police didn't feel there was a credible threat to your life such that arrest was the only way to ensure your safety, and so it ended they way 99.9% of disagreements end. Each party goes their own way and life goes on. If someone lied to the police, that is between them and the police. It does not give you any additional rights or recourse.

Lack of training is also not illegal. There are no laws that govern when or how much someone must be trained, save a very few specialized jobs not relevant here. Honestly, the details here don't matter or change the analysis. Your story isn't even consistent. You were either assigned to do heavy lifting and deep cleaning and during this a customer complained it was still dirty or you took it upon yourself to straighten up because you hadn't been trained on food prep. Either way, it changes nothing legally.

The only thing even potentially "illegal" is forcing you to work against documented medical restrictions, and that depends upon a lot of details you haven't shared. State? What the restrictions were? Whether your manager knew of them? If it was reasonable to exempt you from certain tasks? Asking a coworker to clean along side you thereby tying up two employees would not be reasonable. Neither would paying you to sit around because you couldn't clean or prepare food. Taking it upon yourself to change your duties would not be reasonable as you describe in your last post.

The law does not guarantee a fair workplace. It does not protect you from the natural consequences of your own actions. This may have been a horrible place to work with ineffective managers and lousy coworkers. We all run into them at some point in our working lives. The remedy is to find another employer.
 
Okay, you received your advice, Sanna.
You are always free to HIRE a lawyer, write the governor, the president, tell it to your holyman or holywoman, contact the great pumpkin, ask the chicken bones, or toss a coin.
This thread is closed.
Merry Christmas.
 
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