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I work at mcdonalds, I had an altercation with an employee,when…

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I work at mcdonalds, I...
I work at mcdonalds, I had an altercation with an employee,when everything seem to settle down after the loss of my job,(she still has hers).One night after a movie with friends I went to mcdonalds 3:00am before heading home,this mcdonalds is 4 blocks from my home and the only resturant open 24/7 this person I had an altercation with days before,who was not in uniform,behind the counter and was not suppose to be there was there,when I found out she was there I canceled my order and asked for a refund thinking this person might sabatoge my food.She then came to the window with pepper spray and sprayed inside my car and in my face,I went home called police made a report and went to the hospital where they gave me a shot,I want to know if I can sue Mcdonalds? or if I have a case.
Submitted: 8 years ago.Category: Personal Injury Law
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6/28/2010
Personal Injury Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Personal Injury Law
Satisfied Customers: 37,876
Experience: I have 30 years of legal and litigation experience.
Verified
Good morning,

I'm sorry to hear of your dilemma.

I'm afraid that as an employee at McDonald's (I worked there too many, many years ago) you are considered an employee at will.

At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

So, unfortunately, you don't have a case against McDonald's for being fired. Neither is McDonald's responsible for the intentional torts of their employees. So you can't sue the franchisee for the girl assaulting you.

HOWEVER, you do have a case. Given that you were harmlessly sitting in your car, and the girl reached through the window and pepper sprayed you for no good reason, you certainly seem to have a very meritorious claim against the girl. You should consider suing her in small claims court for the full $3,000 limit.

I wish you the best in 2010.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

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Customer reply replied 8 years ago
You said I cannot sue mcdonalds,but this person is their employee,I am no longer, she WAS not suppose to be in mcdonalds at 3:00 AM, infact out of uniform and behind the cooking counter to spray me in the face.NO ONE BUT MCDONALDS EMPLOYEES are suppose to be back there,that is why I am asking can I sue mcdonalds?
Personal Injury Lawyer: LawTalk, Attorney replied 8 years ago
Good morning,

Despite the fact that she was not supposed to be there---she was, and that is solely an internal issue for the store.

She committed an intentional tort against you and under the law, the store can not be held liable for her misuse of force against you. I'm sorry, but that is what the law is.

You appear to have a great case against the other girl though. Go with that.

I understand that you may be disappointed by the Answer you received, as it was not entirely favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. I do work diligently to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me. It has been my pleasure to assist you, and it would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance.

Best regards,

Doug

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