Poisoned By Manager

[c_anthony]

I'm posting on behalf of my mother in MI.

Some background info: My mother is a hard-working, conscientious, model employee but she's been having trouble with the new manager in the store she works in. He promised her a promotion that never came, cut her down to under 10 hours a week and has been trying to get her to quit for months. Neither of us know why he has it out for her as she's never done anything to warrant it, but it is what it is.

This morning he went to far. He dosed her coffee creamer with dish detergent and she didn't realize it until she'd drank quite a bit of it (she doesn't have the best senses of taste or smell). For whatever reason, he told her what he'd done so she immediately filed a police report and went to the doctor. She's in some discomfort but the doctor gave her some stuff to help. Both the police and the doctor say that he poisoned her and the police are urging her to press charges, which I believe she should.

I talked to her about it all for a while and, after pressing charges against him, she wants to sue the company they work for. I don't know the legality of saying what company that is, but it's a large chain of retail stores with cheap merchandise. My question is do you all think she has a case and, if so, how should she go about this?

Thanks folks.

 

[Zigner]

I think that I don't believe the story

 

[Proserpina]

I'm posting on behalf of my mother in MI.

Some background info: My mother is a hard-working, conscientious, model employee but she's been having trouble with the new manager in the store she works in. He promised her a promotion that never came, cut her down to under 10 hours a week and has been trying to get her to quit for months. Neither of us know why he has it out for her as she's never done anything to warrant it, but it is what it is.

This morning he went to far. He dosed her coffee creamer with dish detergent and she didn't realize it until she'd drank quite a bit of it (she doesn't have the best senses of taste or smell). For whatever reason, he told her what he'd done so she immediately filed a police report and went to the doctor. She's in some discomfort but the doctor gave her some stuff to help. Both the police and the doctor say that he poisoned her and the police are urging her to press charges, which I believe she should.

I talked to her about it all for a while and, after pressing charges against him, she wants to sue the company they work for. I don't know the legality of saying what company that is, but it's a large chain of retail stores with cheap merchandise. My question is do you all think she has a case and, if so, how should she go about this?

Thanks folks.

Two questions right off the bat.

1. This happened this morning and there's a toxicology report already? A tox report that's narrowed it down to dish detergent? You do know how these things work, right?

2. (I'm going to regret asking this, I know it) Exactly what proof is there that anything was actually slipped into her coffee and if there is something, how exactly would she prove who did it?


I find it hard to believe a doctor and a LEO would tell her any such thing. It's not like their credibility is on the line or anything...

 

[Proserpina]

I think that I don't believe the story

Or I could have just said, "Yeah. What Zig said".

 

[quincy]

I'm posting on behalf of my mother in MI.

... This morning he went to far. He dosed her coffee creamer with dish detergent and she didn't realize it until she'd drank quite a bit of it (she doesn't have the best senses of taste or smell). ... I don't know the legality of saying what company that is, but it's a large chain of retail stores with cheap merchandise. My question is do you all think she has a case and, if so, how should she go about this? ...

The legality is that you have defamed the readily-identifiable manager of the readily-identifiable store in the identified city, if what you state here is not true. I would not say anything more.

Have your mother speak with an attorney in her area, if the situation you describe here is real (which is highly doubtful). And you should speak with an attorney in your area if you are served with a summons and complaint.

 

[c_anthony]

Proserpina, I think you missed where I already answered both your questions. The third paragraph, third sentence says "For whatever reason, he told her what he'd done so she immediately filed a police report and went to the doctor."

I don't know if that was before or after she started having stomach pain but the guy admitted to it, told her exactly what he'd done.

Anyway, to the rest, this is absolutely a true story (although I wish it weren't) so I'm not worried about the company coming after me. I just need advice as to how she should proceed legally.

 

[Silverplum]

What type of dish soap? For a machine? Or hand washing?

 

[commentator]

It is a long way from cutting someone's hours, trying to get them to quit, not being nice to them as manager and trying to poison them with dishwashing detergent. In fact, wasn't this in the plot of "Nine to Five"? Oh wait, at least they did use rat poison, not something that wasn't going to be very effective and would just probably mess up the break room when she barfed.

So this manager immediately confessed, hm? Were there witnesses to this little episode? And what did he say was the reason he decided to put dishwashing detergent in her coffee? To kill her, thus relieving him of a problem employee, or perhaps to make her ill so that he could fire her for being off sick? Sorry, but this sounds so far out in left field I can't imagine it. Especially with the doctor AND the police officers immediately telling your mother she should sue, as she's been poisoned.

But since it's absolutely true, I have to ask. Is your mother going to quit the job now? Has anyone mentioned firing her? She needs, if either of these things happens, to file a claim for unemployment benefits, because any lawsuit you bring against the business will be a very long drawn out affair, and will not be settled for a really long time. She will need income in the meantime. And I hope there was no permanent damage from the dishwashing liquid, because she will also need to be able, available and actively seeking other work to draw unemployment.

 

[quincy]

... Especially with the doctor AND the police officers immediately telling your mother she should sue, as she's been poisoned.

Ahh, commentator. It is even worse than that. The police officers told her she should "press charges."

Perhaps the mom moonlights as the area prosecutor? It is an awfully small town.

 

[c_anthony]

It is a long way from cutting someone's hours, trying to get them to quit, not being nice to them as manager and trying to poison them with dishwashing detergent. In fact, wasn't this in the plot of "Nine to Five"? Oh wait, at least they did use rat poison, not something that wasn't going to be very effective and would just probably mess up the break room when she barfed.

So this manager immediately confessed, hm? Were there witnesses to this little episode? And what did he say was the reason he decided to put dishwashing detergent in her coffee? To kill her, thus relieving him of a problem employee, or perhaps to make her ill so that he could fire her for being off sick? Sorry, but this sounds so far out in left field I can't imagine it. Especially with the doctor AND the police officers immediately telling your mother she should sue, as she's been poisoned.

But since it's absolutely true, I have to ask. Is your mother going to quit the job now? Has anyone mentioned firing her? She needs, if either of these things happens, to file a claim for unemployment benefits, because any lawsuit you bring against the business will be a very long drawn out affair, and will not be settled for a really long time. She will need income in the meantime. And I hope there was no permanent damage from the dishwashing liquid, because she will also need to be able, available and actively seeking other work to draw unemployment.

If I had to guess, I'd say this was the latest thing in his seeming quest to convince her to quit and it got out of hand.

The assistant manager was there when he admitted what he'd done and he apparently called the district manager and told her too. I don't know if this was before or after her stomach started hurting. I also don't know if he gave a reason for his actions. Personally, I'm (a) surprised this guy is dumb enough to sell himself out (maybe guilt?) and (b) even more surprised the district manager didn't fire him on the spot when he told her.

Anyway, I never once implied that the doctors or police suggested she sue. The doctors didn't say much, although I know her chart listed she'd been poisoned. The police said that yeah, what he'd done counts as poisoning her, and they suggested she press charges.

As far as the job goes, I doubt she will quit. She's stuck with it so long because she needs it even though her paychecks barely cover anything. We're talking about rural Northern Michigan here. Not a lot of jobs around.

 

[cbg]

Let's pretend for the sake of argument that I accept everything here as absolutely true.

In what way does she believe that the employer is liable for the acts of the manager?

 

[c_anthony]

Let's pretend for the sake of argument that I accept everything here as absolutely true.

In what way does she believe that the employer is liable for the acts of the manager?

Because managers are representative of the companies they work for and it happened during work.

 

[justalayman]

Because managers are representative of the companies they work for and it happened during work.

but there is a difference between a manager acting on behalf of the company and causing some problem or the manager acting as an individual and committing a crime.

 

[c_anthony]

but there is a difference between a manager acting on behalf of the company and causing some problem or the manager acting as an individual and committing a crime.

He's got a history of harassing behavior though, which upper management did nothing about. Had they, this would never have happened. Doesn't that make them responsible to some extent?

 

[Proserpina]

One other thing.

If Mom went to the doctor, you're indicating that the physician diagnosed her without testing, and gave her something....which without knowing the cause, could actually have serious consequences.

If Mom went to the ER, she'd likely still be there.