Is there anything I can do??

[Laura Dietrich]

What is the name of your state? KS

I was working for the KFC franchise in (&*$%@), KS when i was leaving work one night and was jumped by a co-employee and his girlfriend. The KFC owner/secretary said that they could not fire the co-employee until he was convicted. The actual assault happened 08/01 and the employee was not convicted till several months later. When he plead guilty I informed the KFC office/secretary and told her I could have a clergy send the paper works. She said "It Is not nec. if we need any paper work I can call and get them. The employee continued to have employment through KFC and when I questioned about this I was told that the current store he worked for (the same one I was assaulted at) would be closing down and the easiest way for him to lose his job was to transfer everyone from that store excluding him. He would not be transfered and would at that point no longer be employed by KFC. The store closed a month/two ago and the employee was transferred to another KFC store.
I have questioned a number of people on this however I am receiving "the cold shoulder" on the situation and have been told on a number of occasions that I should not worry about it/just let it go. The employee assaulted me leaving work(both of us) in the KFC parking lot and as a result of this I had to be transfered. The employee is not alowed to be within 5,000 feet of me for 5 years and as a result of that (for my safety) I can not attend any employee trips or activities; even though the supervisor of the current wichita KFC restaurants I am now working for (and my mngr. when it happened) said I can and that the employee would not be dumb enough to try anything. I feel I have been very patient in waiting for the employee to receive his departure from being employed under the KFC restaurants and have been lied to and mistreated very unaccordingly of a professional/responsible business. I did not want to file a LAW SUIT against the KFC franchise I am working for. Right now I will do whatever is necessary to receive the acts I was told would be done to the employee, lawsuit or not. My patience has run out. Is there anything I can do about this?? How long do I have after the employee was convicted or the actual (removal from employment) was supposed to happen did not to file a claim or lawsuit. PLZ I really need some Reliable, Educated answers on this. AND if so who or what kind of lawyer do i find that will represent me?
~whatnow~

 

[Beth3]

I'm trying to figure out your employer's legal reasoning on this and I am at a complete loss, unless there's more to the story than you have related.

1. I don't know of any reputable employer that doesn't have a work rule which makes an act of violence against another employee an immediately terminable offense. An employer does not have to wait for a conviction to take action in those circumstances. If they believe that an act of violence occured, they may terminate.

2. Why YOU were transferred and then not allowed to attend company functions as a result of a restraining order you obtained (or as a result of the terms of the conviction) is beyond me. If that's the case, then there is a *possible* violation of public policy here, in which case you should speak to an employment law attorney. Of if you are voluntarily not attending company functions by your own choice, that would be a different matter. The employer has no obligation to enforce a RO or criminal conviction order - it's up to the person who received the court order to comply and he should be the one electing not to attend any company events.

3. All that said, there is nothing in the law that would require an employer to terminate the person who assaulted you, although if you are assaulted again, they may have liabilty under any case law in your State that may exist on negligent retention.

I do suggest you speak to an employment law attorney although whether you have any basis to take legal action and/or force the employer to terminate this guy is a big question mark.

 

[Laura Dietrich]

THNKS BETH

Thank you so much for the info, just one more quicc q though? how do i find an Employer Lawyer to find out if i have a suit??
Maybe you can hook me up with a link or site that would be easy for me to find one in. I really appreciate your help.. Thank you so much. BTW it is voluntary that I do not attend for my safety and also i am not sure if they have a company law about it although they did tell me he would be fired once convicted, and i have a witness to attest to that if not more than one.. does that change anything??


~what now~

 

[Beth3]

Sorry - I'm not in a position to give referrals to attornies. You may certainly contact your local Bar Association and tell them you would like the names of several employment law attornies in your area. Be sure to tell them you want an EL attorney who represents individuals, not employers. (EL attornies typically handle one side or the other, not both.)

I doubt the employer's statement that they planned on firing the individual once convicted obligated them to actually do so.