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.