"Workplace Violence Prevention Act"

[tbone]

I was threatened with violence by a customer at work today for supposedly lying to him on a car purchase. I asked him what I lied about and he screamed "Shut up" at me. I told him he can't talk to me like that and he charged at me, only to be held back by my manager and the customer's daughter. I again asked what I lied about and he screamed "Shut up" again and to "Bring it on", still struggling to get at me. My manager told me to go away and I did.

Later my manager came outside where I was standing and fired me over it. I asked him what I supposedly lied about and he would not tell me. Unbelievable.

I feel I was wrongfully terminated. But I have only worked there for 2 months. Not sure if that matters. Illinois has a law called the "Workplace Violence Prevention Act" that is supposed to protect employees from this kind of crap, and feel that my employer did nothing to protect me, only to penalize me.

Anyone have any experience in this?

[chief455]

If you are within an agreed probation period (90 days) from date of hire, an employer can pretty much say it just did not work out. It sounds like you are in retail sales, so the manager sacrificed you for the customer. His story will stick, unless you try very, very hard - with likely no payback for the effort. As a new hire, they don't 'owe' you anything. And if you pursue a lawsuit using a "Workplace Violence Prevention Act" violation case, it will be 'he said, she said' = no real proof that you were in threat of violence due to your manager's negligence.
What would you hope to gain? Your job back?
Otherwise, as with any dispute, you need tons of documentation and any sort of verification (witness statements).
Do you have a pink slip stating the reason for termination?

[tbone]

He just fired me over the situation. They have this "customer comes first" thing that is over the top. I'm just pissed right now.

[chief455]

He just fired me over the situation. They have this "customer comes first" thing that is over the top. I'm just pissed right now.
I hear you man.
I'm in middle management and the floor workers can do about anything they want breaking company policies, and I get no support from higher up until I have tons of documentation, showing a 'pattern'.
It's like having a rape whistle - but don't use it until it's really happening :confused:

[martyo]

I was threatened with violence by a customer at work today for supposedly lying to him on a car purchase. I asked him what I lied about and he screamed "Shut up" at me. I told him he can't talk to me like that and he charged at me, only to be held back by my manager and the customer's daughter. I again asked what I lied about and he screamed "Shut up" again and to "Bring it on", still struggling to get at me. My manager told me to go away and I did.

Later my manager came outside where I was standing and fired me over it. I asked him what I supposedly lied about and he would not tell me. Unbelievable.

I feel I was wrongfully terminated. But I have only worked there for 2 months. Not sure if that matters. Illinois has a law called the "Workplace Violence Prevention Act" that is supposed to protect employees from this kind of crap, and feel that my employer did nothing to protect me, only to penalize me.

Anyone have any experience in this?



I am not an Illinois attorney but I have played one on TV from time to time, so keep that in mind, but:

The Iliinois Workplace Violence Prevention Act does't really seem to be designed to protect you in this situation,

Also, Illinois appears to be an "at will" employment states, which means that you can pretty much be fired at any point for any reason or no reason, so.......

Here is a decent treatment of the issue, with a flavor most favorable to employees, so keep that in mind.

http://www.illinoislawyerfinder.com/articles/rights-and-responsibilities/your-rights/employment-at-will-fired-illinois

I suppose you could have called the police and filed a complaint against the customer for assault and battery, claiming that the customer left you feeling threatened although the customer did not actually strike you. Good luck getting a cop to take that report this far after the fact, notwithstanding the provisions of the Illinois Workplace Violence Prevention Act.

At the end of the day you probably don't have much ground to stand on here, although you may wish to consult a lawyer licensed and admitted in the state of Illinois for advice that is more reliable than you might hope to get on a car enthusiast forum.

Good luck and keep your posts on the internet to a minimum in case you decide to pursue this! Keep in mind that everything you post on a public forum is discoverable in litigation.

[TAKEDOWN]

That sucks! As this door closes I hope another one opens....

[justbob]

Damn Tom, sorry to hear.


Self proclaimed Builder Of Badassery.

Buy it, Break it, Build it BETTER.
"Since 2004"

[cat in the hat]

Sorry to hear this.

I think a lot of it would depend on what the guy's complaint is, although he sounds like a nut.

[whitey]

Sorry to hear about it man.
If a company would fire you like that, its better you don't work for them.

[fastblackmerc]

That sucks but your probably better off not working for that company. You'll find something better.

[loud2004marquis]

Sorry to hear about it man.
If a company would fire you like that, its better you don't work for them.


That sucks but your probably better off not working for that company. You'll find something better.

^^^What they said^^^

[chief455]

Also, Illinois appears to be an "at will" employment states, which means that you can pretty much be fired at any point for any reason or no reason, so.......

I suppose you could have called the police and filed a complaint against the customer for assault and battery, claiming that the customer left you feeling threatened although the customer did not actually strike you. Good luck getting a cop to take that report this far after the fact, notwithstanding the provisions of the Illinois Workplace Violence Prevention Act.

At the end of the day you probably don't have much ground to stand on here

Good luck and keep your posts on the internet to a minimum in case you decide to pursue this! Keep in mind that everything you post on a public forum is discoverable in litigation.
^^ this, and say good riddance to a bad job. You will be better off walking away with this as a life lesson.

[Ms. Denmark]

______________

[tbone]

Good advice. I'm a little more calm now. But the situation made my wife cry. Not the job loss, the violence threat. You make my wife cry......You got problems. They should have kicked his Columbian ass out immediately. That's what really ticks me off.

[Ms. Denmark]

____________

[gdmjoe]

Had a similar workplace occurrence except that only the customer and myself were present. After the customer left I wrote-up a turn-over report for the manager/owner who would be the acting service advisor the next morning.

When I came into work the next day (afternoon), the manager indicated that the customer was a long-time friend and that he had called him regarding the matter. *Customer agreed that he got mad, used profanity, etc., and noted that I hadn't returned same. He did, however, refuse to apologize.

Fast forward 2(two) weeks ... Working Saturday and around closing time the manager/owner uncharastically stops-in and futzes around the office. Did the daily closing and was getting ready to lock-up when I was informed that my employment was being terminated and was handed a dismissal-with-cause memo (pertaining-to the incident with the customer/friend) that I had to sign. I indicated on the memo that what was documented didn't relate the actual situation and signed and asked for a copy. I then asked if I could off-load personal files, software (that I had loaded and was personally licensed for), and the turn-over reports. Was permitted to do so. Next Monday applied for unemployment.

Short story ... Owner (and corporate) contested unemployment claim. Turn-over logs were provided to refute the contested claim. Went to trial. I won.

DOCUMENT. DOCUMENT. DOCUMENT. CYA! Live it. Love it. Make it a part of your everyday life. *Been doing it for nearly 50years.
.

[marauderthis]

Is there a video camera that caught this altercation?
Would it show something?

[ChiTownMaraud3r]

Wow more reasons to move out of the **** hole called Illinois. I agree, if your manager doesn't have the pair to stand up for their employees when they are physically rushed when asking a simple question, it's better off not being there. You getting shanked at work would be a pathetic way to go. Not worth it.

Best of Luck. At the very least I would write a complain on glassdoor and google/yelp etc, so any potential new employees and customers can see that before applying/visiting.

[chief455]

DOCUMENT. DOCUMENT. DOCUMENT. CYA! Live it. Love it. Make it a part of your everyday life. *Been doing it for nearly 50years.
.
Best advise ever. Learned it day one as a Supervisor and it plays into daily life.
If you put an instance in writing, dated and signed - and the opposing side did not = documentation prevails. Unless you are against judgment by someone that is not biased, such as friends of the opposition.

[sailsmen]

Screeew them. The best thing you can do is to leave it all behind, waaay behind, and prove them all wrong by succeeding!

In a couple of years you will look back and thank them for doing you a favor.:D

Been there done that several times.

[sailsmen]

.............................. ........
Short story ... Owner (and corporate) contested unemployment claim. Turn-over logs were provided to refute the contested claim. Went to trial. I won.

DOCUMENT. DOCUMENT. DOCUMENT. CYA! Live it. Love it. Make it a part of your everyday liefe. *Been doing it for nearly 50years.
.

I filed for unemployment and also demanded they pay me the money they owed me. They then changed my termination to with cause otherwise they would have to pay me the money they owed me.

At trial the HR person did not bring my personnel file or documentation. They made a series of allegations solely based on rumours. Each time the Judge allowed me to refute and he advised them they cannot make allegations with out some form of evidence, witnesses or affidavits. Yet they continued to do so.
As the allegations got more outrageous the Judge became enraged that they were disparaging me and disrespecting the court by continuing to make allegations with absolutely no evidence and based only on hearsay.

In closing my attorney asked them if I had ever caused a disturbance at work, raised my voice, cursed, slammed a file down or threatened anyone in any way. They answered NO!

The judge asked their attorney to remain after the trial. I assume for a talking to about evidence requirements and respecting the court.

The judge ruled in my favor.

ps I was not eligible for unemployment because I started a business, but had I lost they were not bound to pay me what they owed me.

[tbone]

Is there a video camera that caught this altercation?
Would it show something?

I'm quite sure there's a video of him rushing me and me standing firm and ready, not budging one inch. I take no s*** from anyone.

I'm also quite sure it would be erased if I tried to start something, which I won't.

I wrote the owners an email detailing the incident and the pathetic manager they employ. He will get what he deserves.

[tbone]

Things have been opening up in the Residential Construction Management field again a little around here. Hoping to get back into it after the long recession......