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我一周前被一个心怀不满的前员工捅伤了，结果现在公司还要开除我，太冤了！

商业律师 5 回答

Okay, so here's the story from a guy who got stabbed at work and then fired for it: **The Stabbing and the Firing** I worked at a place where we had to let some people go for budget reasons. One of the guys who got cut came back a week later, wanting to talk about it. I explained it was just a business decision and we'd give him a good reference. He got angry, pulled out a pocket knife, and stabbed me in the stomach. I didn't even realize I was stabbed at first, I just reacted and grabbed his arm. When I saw the blood, I panicked and punched him a few times until he dropped. I sat there holding the knife in, trying not to bleed out, while my coworkers held the guy down. I ended up in surgery. Then, I got a call saying I was fired. Apparently, HR saw me punch the guy and thought I looked like a "vicious animal." My boss agreed I was acting out of fight or flight, but said anyone who got physical would be let go pending a review. Now I'm out of a job and insurance, and my stab wound is infected. I was worried about whether they could legally fire me and the other guys who helped. **Update: Legal Action and a Twist** First off, I want to clarify I'm no martial arts expert. It was just adrenaline and some training I had as a kid. Also, I didn't punch the guy in retaliation. His knife was still inside me and his hand was on the knife when I punched him in pure fear. Anyway, my company (a subsidiary) wouldn't listen to my side of the story, so I got a lawyer. He decided to sue both my company and its parent company. His reasoning was that the parent company would have been responsible for the policies, including the zero-tolerance workplace violence clause they used to fire us. Turns out, the parent company wasn't happy. They're in the self-defense and security business and worried about the bad PR of firing someone who fought for their life. So, they set up a meeting with us and offered us a deal. The other three guys who helped me got jobs at the parent company, doing the same thing but with better pay and benefits. They also got back pay. I was offered a job too, with the ability to work from home because of my infection (MRSA). This would get me on their good insurance plan. My lawyer said it was the best deal I could get without going to trial, so I took it. We all signed non-disclosure agreements. **The Attacker** The guy who stabbed me got a plea deal: reduced charges, a year in prison, a year of probation, and a fine. He could even get his record expunged. I decided not to sue him because it would only hurt his wife and child, who had nothing to do with it. I am taking serious precautions to deal with the MRSA including having the house cleaned and taking medications. **Important Note:** I'm keeping some details vague to protect everyone involved.

#非法解雇 #工伤赔偿 #律师咨询 #和解协议 #侵权责任

回答次数 (5)

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# 5

Am I the only one getting the feeling OOP was being set up for failure? Like colleagues with grudges decided to use the situation to fire him.
No one came to help him nor hear his side of story while the three that did were fired.
The HR report sounded like it was from personal feelings instead of a professional viewpoint.
Then there’s the fact that it wasn’t reported properly and possibly an attempt of covering it up.
These people need to be fired.

On a side note, the people who believed he overreacted in self defence while he had a knife in his gut are batshit insane.

PlatinumMaster

# 4

“Because of the fact that no one at the office is willing to even hear my side, I decided to go to a lawyer”

Everyone and their mother tells him to go get a lawyer before ANY further contact with the company. He ignores all that and decides to clear the “misunderstanding” with the company that fired him for “looking vicious” after getting stabbed.

I don’t understand people. They have the self preservation skills of a paralyzed deer in headlights sometimes.

Glad he is alive and with a job. But it just feels disappointing all the people who were actually at fault seem to have faced little to no consequences yet again.

DarkBlade2

# 3

Fuck businesses that try to pull this shit.

My husbands old job was like this, completely fucked over several employees illegally and totally got away with it. One guy had a heart attack on the floor of the shop and the HR lady pushed the paperwork to fire him WHILE he was being loaded into the ambulance. This ensured that the ambulance and the hospital visit weren't covered by the very good insurance. Same HR lady fired a kid for asking for one afternoon off every 2 months for therapy, her exact words were "you have to choose: your job or therapy". She heavily relied on the fact that her employees were either too broken by the system to take them to court or just didn't know their rights.

DaylightShines2

# 2

“I want to know why you fired me.”

“Oh, no reason. Our company just does that sometimes, don’t think too hard about it.”

Later…

“You’re fired.”

surprised pikachu face

Edit: Okay, obviously that comment didn’t play well. To be clear, I am in no way arguing that the guy deserved to be stabbed, or sympathizing with the stabber. I just think it’s kind of messed up that a company can fire a whole bunch of people for no apparent reason, and no one even questions it until a goddamn knife comes into play to highlight the sheer absurdity of the situation.

Stabby McStabface was only one of five employees who were fired without cause in what appears to be pattern of behavior for this company’s management, and while he may not deserve our sympathy, what about the other four? So while OP certainly didn’t deserve to be stabbed for it, I do think there is a certain irony in him uncritically taking part in this process, only to have it turned on him immediately afterwards. I feel like there’s a lesson in there somewhere.

LokiTrick2

# 1

I feel for the OOP so much. Thank GOD they got a good deal through the parent company out of it.

I know this is extremely mild compared to what they went through, but to some degree I get it. I was once forced to work with my sibling. They're an asshole, and I do not talk to them anymore, because they beat the shit out of me and stole a LOT of money from me way too many times, and my parents' reaction was just "They're autistic, and what'd you do to earn it?" Nope, that has nothing to do with the autism. My sibling's just a violent asshole.

My sibling was absolute shit at their job, and the boss wouldn't talk to them about it. They just expected me to. And after the 4th or 5th time of me explaining what they needed to do, my sibling took a wet washcloth and snapped me in the face with it, and then punched me in the stomach.

I got fired. My sibling stayed... For a little while, until the bosses realized they didn't have me as a go-between and fired them too. Of course, this was somehow my fault. *eyeroll*

I didn't get stabbed, but dude, do I feel for the OOP.