Fired for not wanting to be assaulted on the job

I worked for a local pizza shop back in 2000. I had quit and walked out on my job there and was blackballed for 2 years.

During that two years, I decided to go and seek help for anything I may have been causing. They told me that I was having "episodes" and that meds would help.

I went back to the same shop and got my job back after the 2 years and now I was on meds to keep me calmer.

I stayed for 6-12 months and was transferred to another franchise with high honors. I was back into management and on my way. But when I got transferred I lost my meds (insurance), so of course I had another episode.

A year after that other franchise episode, I came back to the shop I started for, and did just fine, I started in March as a driver and quickly (process of elimination) went back into management in July since I had my meds.

Last month, I had a new driver that was hired by the GM of course who does all the hiring and firing. I had spoken to him about this new driver, who had only been there about a week, because all I did was ask him what was wrong and he got pissy, got into my face and started verbally cussing me out! I was stunned enough to just say to him to calm down, take it easy and watch his step. He said whatever and went on.

(I am still taking meds.)

The second day we worked together, he wanted to take a delivery, and a "personal" delivery which wasn't even close to being together, and I told him no, he said to F off and he didn't have to listen to me and to fire him. Again, I was stunned, but firing people is my GM's job, so all I did was send him home.

(I am still hanging in with medications)

The 3rd day, I had just gave my notice to go back to being just a driver, so I wouldn't have to deal with anyone's crap but mine. I was telling the other assistant manager about me going back to being a driver, the new guy walks up, hears what we were talking about, and smacks me in the chest and says, "yea so he don't get his a** kicked". WOW! I went straight to the GM who was in the back room.

(Still have medication going strong!)

I told my boss what was said he wasn't going to take that kind of stuff and he brought us all outside. Everyone had admitted to what they did and said, even the new guy. My boss looks at us and says, "We can work this out."

I got pissed off and walked away again. I shouldn't have to take an assault charge.

This was the same manager who I walked out on the first time. But we left on good terms when I went to the other franchise, so everything seemed just great when he offered my job status as a manager back.

But I lost my job, and that guy, who both verbally and physically assaulted me, kept his.

It doesn't seem right to me. But I wasn't getting my ass kicked over $7 an hour so he can have a driver, but it looks to me like he needed a driver more than a manager.

Shouldn't that guy have been fired?
Should I seek legal action?
Or is there really anything I can do?

1 answer  |  asked Aug 22, 2008 1:02 PM [EST]  |  applies to West Virginia

Answers (1)

Kathryn Bayless

Dear Sir,
Unfortunately, by walking off and not giving your manager the opportunity to assist in resolving the problem, you have likely been insubordinate. That would be a sufficient cause to terminate your at will employment. You did not give much detail about what happened but I am assuming you left the job site (whether you did so at your normal quitting time is unknown to me). If you did not return to the jobsite, then you would be viewed as having quit the job. And I do not think you can challenge that voluntary termination of employment for the reasons stated in your inquiry.

posted by Kathryn Bayless  |  Aug 22, 2008 1:15 PM [EST]

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