RE: Employee Threatens and Uses Profanity

[tmsincman]

RE: Employee Threatens and Uses Profanity

My state is GA.

Hello, I'll make this short and I'd like to know whether anything legal can be done about this.

A friend of mine and I went into a local mall recently when maybe a minute after we walk in we walk by a cellular booth, glance at some of the products and keep walking. Well my friend sees someone walk by that looks familiar to him so he turns around to take a second glance at the person. When turning around hes facing the same direction as the booth and for some strange reason the employee of the Cellular booth yells "What the f(explicit) are you looking at!!!". I hear this, not knowing that it was directed towards my friend and I keep walking, he turns around again and says "what's her problem". I then turn around confused and ask, "are you directing that towards us?".

She says, "I'm talking to him (my friend), not you", but I not afraid of either one of you. I'll come out of this booth and kick both of your asses!!"

Needless to say, I was very upset about the comment so I head over there th figure out what the problem is because again, we said absolutely nothing to this girl. When I got near her, she again says, "I'm not afraid of you, I'll kick both of your asses, that's what I said!". I ask her what the problem is and she states that my friend was looking at her, keep in mind that this is an employee of an open booth that contains products, so even if we were looking in her direction there may have been a good reason (products we may have liked). I state to her that she doesn't have to be "scared" of me but she does have to respect me and that we did nothing to provoke that response. She says "whatever", finally not threating to kick our asses an I walk off very frustrated.

My question is what, if anything can legally be done about this? I'd really like to see this girl terminated but could this also call for a lawsuit being that we were absolutely innocent of provoking any such comment and that we were yelled at, cursed at, and threatened openly? Thanks for any advice.

 

[I AM ALWAYS LIABLE]

Hello, I'll make this short and I'd like to know whether anything legal can be done about this.

A friend of mine and I went into a local mall recently when maybe a minute after we walk in we walk by a cellular booth, glance at some of the products and keep walking. Well my friend sees someone walk by that looks familiar to him so he turns around to take a second glance at the person. When turning around hes facing the same direction as the booth and for some strange reason the employee of the Cellular booth yells "What the f(explicit) are you looking at!!!". I hear this, not knowing that it was directed towards my friend and I keep walking, he turns around again and says "what's her problem". I then turn around confused and ask, "are you directing that towards us?".

She says, "I'm talking to him (my friend), not you", but I not afraid of either one of you. I'll come out of this booth and kick both of your asses!!"

Needless to say, I was very upset about the comment so I head over there th figure out what the problem is because again, we said absolutely nothing to this girl. When I got near her, she again says, "I'm not afraid of you, I'll kick both of your asses, that's what I said!". I ask her what the problem is and she states that my friend was looking at her, keep in mind that this is an employee of an open booth that contains products, so even if we were looking in her direction there may have been a good reason (products we may have liked). I state to her that she doesn't have to be "scared" of me but she does have to respect me and that we did nothing to provoke that response. She says "whatever", finally not threating to kick our asses an I walk off very frustrated.

My question is what, if anything can legally be done about this? I'd really like to see this girl terminated but could this also call for a lawsuit being that we were absolutely innocent of provoking any such comment and that we were yelled at, cursed at, and threatened openly? Thanks for any advice.

My response:

Yes. You have a solid lawsuit against this person for not having kicked your asses while you were still there. I'd go after her.

IAAL

P.S. Let me know when you've grown up.

 

[tmsincman]

okay....

Okay, I am grown up but could you respond like a "grown up" and tell me what you would have done had this happened to you or one of your family members? What would you do?

 

[I AM ALWAYS LIABLE]

Okay, I am grown up but could you respond like a "grown up" and tell me what you would have done had this happened to you or one of your family members? What would you do?

My response:

I know you wanted to make this a short post, but in your zeal to do so, you're obviously leaving out important information, and filling up white space with other crap, and dancing around what really happened.

No one just says what this person said, without some sort of provocation, unless that person either has Tourette's Syndrome or has other emotional disorders. So, if you want to get the real truth and the heart of the matter, then please do so. Otherwise, my initial response stands.

IAAL

 

[tmsincman]

RE: Truth

Look, what I posted was fact. He said nothing to her, we looked in her direction, not even at her and she said what she said. I'm not a liar, nor am I a low-life that has nothing to do other than get on a messageboard and lie about what happened. I know you're this legal guru but if you aren't willing to show a little respect then simply don't post a reply. I'd rather have 0 replies then your last two posts, I'm making no progress either way.

Can anyone (without attempting to be overly witty or insulting) tell me legally that with what I posted if anything can be done legally, can I have termination forced legally?

 

[I AM ALWAYS LIABLE]

Look, what I posted was fact. He said nothing to her, we looked in her direction, not even at her and she said what she said. I'm not a liar, nor am I a low-life that has nothing to do other than get on a messageboard and lie about what happened. I know you're this legal guru but if you aren't willing to show a little respect then simply don't post a reply. I'd rather have 0 replies then your last two posts, I'm making no progress either way.

Can anyone (without attempting to be overly witty or insulting) tell me legally that with what I posted if anything can be done legally, can she be legally terminated?

My response:

Okay, have it your way. But, if this is really how you are, and your friend is anything like you, then all I can presume is that your friend provoked the situation.

IAAL

 

[cbg]

Even if you did absolutely nothing whatsoever to provoke her, the answer to your question is no, there is nothing you can legally do about this. Free speech is still a constitutional right in this country; she exercised hers.

Now, if you are interested in what you can do that does not involved a lawsuit, let me know.

 

[tmsincman]

Thank you!

Liable, I have no idea what you mean by "if this is how you really are", you appear to be much much more annoying than I am, just being honest.

Yes, is there anything that can be done at all cbg? What advice do you have? Also, I understand that free speech is allowed but when you're an employee that's "on the clock" there has to be something that I can do, right.

 

[I AM ALWAYS LIABLE]

My response:

Was there something physically unusual about her that would make your friend do a double-take? For example, was she exceedingly good looking, morbidly obese, big boobs, something?

IAAL

 

[tmsincman]

RE: Physical

Well if you call Whoopi Goldberg good looking then yes, but to me she was not attractive. Plus, again, he was not looking AT her. He was looking at someone else and I know exactly who the person was he was looking at (not the employee). There was nothing sexual about his double-take at all, he was looking at someone that was in her direction. This person (employee) was talking on the phone and just decides to make a smart comment directed towards us.

Even if she were attractive, she's working in a booth surrounded by wireless products that could be eye-catching to some. If someone looks at you or your products without saying a word does it constitute you saying "what the f are you looking at?" while youre being paid?

 

[I AM ALWAYS LIABLE]

Well if you call Whoopi Goldberg good looking then yes, but to me she was not attractive. Plus, again, he was not looking AT her. He was looking at someone else and I know exactly who the person was he was looking at (not the employee). There was nothing sexual about his double-take at all, he was looking at someone that was in her direction. This person (employee) was talking on the phone and just decides to make a smart comment directed towards us.

Even if she were attractive, she's working in a booth surrounded by wireless products that could be eye-catching to some. If someone looks at you or your products without saying a word does it constitute you saying "what the f are you looking at?" while youre being paid?

My response:

Then there's only one explanation and conclusion: She suffers from Tourette's Syndrome.

You see - - I was right the first time!

IAAL

 

[tmsincman]

okay,

Ok, thanks...

 

[cbg]

The ONLY thing you can do is make a complaint to the company that employs her. You cannot sue her, or them, because she said something you take issue with. You cannot take legal action because she exercised her constitutional rights. She has a right to be a jerk if she so chooses.

Whether you want to call the local office, or make a written complaint to their corporate headquarters, or both, is up to you. But that is your ONLY option. There is NO legal recourse you have.

Oh, and what action they choose to take after you make your complaint is entirely up to them. The law does not dictate whether they fire her, slap her on the wrist, put a letter in her file, or blow your complaint off altogether. Nor are they required to tell you what action they take. But nonetheless, if you are determined to do something, this is the ONLY thing you can do without making an idiot of yourself.

Please note that I am not saying that making the complaint equals making an idiot of yourself; nor am I saying that you're wrong to be upset. I am saying that trying to take legal action because someone swore at you would be idiotic.

 

[meganproser]

The best thing you could have done, was to report the incident to a Mall Security Guard.

She doesn't sound as if she'd have denied her behavior when questioned by security and once it was documented, she'd probably have been fired.

The only thing you can do NOW, is document the incident yourself. Send a copy to the Mall Management and to the manager of the booth the woman worked in.

The woman may be sick. Some meds have side affects that make working impossible. It's quite common for peeps who suffer from chronic mental illness (such as schizophrenia) to go off of their meds in an effort to hold a job. Sometimes they can make it through an unmedicated 8 hour day without incident, sometimes they can't.

Whether she's actually sick or not, it doesn't sound like she'll be keeping her job for long anyway. Good luck to you.

 

[Spookysr]

RWS - Rebuffed Woman Syndrome?


TMSINCMAN,

I feel I have something to offer you in advice on your mall experience. Of course it is all just my opinion which I think as an American citizen I am entitled too. Well at least for now. Don’t know what the next 4 years will bring.

I will do a line by line or paragraph rebuttal. I’ll call you “Barbie” as I assume that you are a Caucasian (i.e. white) female*, your male friend “Ken” a Caucasian male, and the cellular phone booth employee “Whoopi” as you hinted at in your replies indicative that Whoopi is an African-American or black female.

* Of course if you are a male, as you never specify, but your handle might imply (tmsincMAN), I apologize in advance. But the assumption is based on the assumption that two guys walking together at the mall looks a little non-typical, unless you two are ___, and Whoopi was only concerned with Ken’s eye-contact and not yours… Barbie is kinda’ gender neutral too if you remember “Klauss Barbie”.

BARBIE>My state is GA (Georgia).
ME> IMHO let’s not forget the negative geopolitical, class, and racial history of this state…

BARBIE>Hello, I'll make this short and I'd like to know whether anything legal can be done about this.
ME> Nothing and I’ll explain more in my summary…

BARBIE>A friend of mine and I went into a local mall recently when maybe a minute after we walk in we walk by a cellular booth, glance at some of the products and keep walking.
ME> People in the south have been known for their cordiality unlike northerners. What’s wrong with saying “Howdy…”, “Hi…”, or “Hello…”? You could always say, “Sorry not interested…” if she started her obligatory cell phone sales pitch…

BARBIE>Well my friend sees someone walk by that looked familiar to him so he turns around to take a second glance at the person. When turning around he’s facing the same direction as the booth and for some strange reason the employee of the Cellular booth yells "What the f(explicit) are you looking at!!!".
ME> What assumptions could you make about this “Whoopi Goldberg like” character (i.e. African American?) look-a-like other than what you were probably thinking at the time? Could Whoopi have been having a bad day with all of the cell phone “touchy-feely brats”, “ask-hard-question nerds”, “only-looking customers”? Broke up with her boyfriend? Thinks she's unattractive? Feels even more racially disenfranchised while working in a predominately white mall? Thought Ken was cute and couldn’t understand why Ken’s accidental glance wasn’t followed up with a smile or some other amorist acknowledgment that she was somehow attractive? Assuming that she was a normal healthy young woman who was is still estrus producing and ovulating…____ you fill in the blanks… (Hint: rhymes with PMS)

BARBIE> I hear this, not knowing that it was directed towards my friend and I keep walking, he turns around again and says, "what's her problem". I then turn around confused and ask, "are you directing that towards us?”
ME> Diplomatic? Maybe a little… but foolhardy in approaching a “lioness with her claws out”, absolutely! I can appreciate your need for “closure” and “understanding”, but somehow I don’t think TRUE understanding was the mood or emotion of the moment. All I hear is an unhealthy human need for vindication and vengeance. In other words I mean senseless vanity and empty human egotism. And Whoopi was guilty of this too. Ken wasn’t helping by spinning around to make real eye contact with Whoopi only to say “what’s her problem”. In Whoopi’s mind she only sees a cute white boy that has rebuffed her TWICE in a few seconds - at least to her. I’m sure there was a big class/racial component in Whoopi’s personal angst too.

BARBIE>She says, "I'm talking to him (my friend), not you", but I not afraid of either one of you. I'll come out of this booth and kick both of your asses!!"
ME>This means her angst was regarding Ken, reinforcing the “rebuffed female syndrome”. The colorful metaphors and feigned threats of bodily harm to both of you are typical dysfunctional dialectic anger response typical in this country’s Ebonics-speaking citizen’s repertoire. In this scenario it is better to “walk away” in strategic retreat rather than to pursue confrontational vengeance. Where you thinking: “How dare that ‘w o m a n’ speak to me in that uppity tone? Does she know her place? Does she know who I am?” Maybe not, but IMHO that’s what I feel you were thinking something like this…

BARBIE> Needless to say, I was very upset about the comment so I head over there to figure out what the problem is because again, we said absolutely nothing to this girl. When I got near her, she again says, "I'm not afraid of you, I'll kick both of your asses, that's what I said!".
ME> I’ll bet you were! But you did say “something” to the “girl” as you put it… Whoopi felt threatened as she could just see herself pulling off her ear-rings and wiping on the obligatory globs of Vaseline on her face (i.e. black woman’s war-paint) as it’s “throw-down time”. Whoopi’s thinking to herself: “This little b(censored*) is gonna’ get up in MY mother(censored) face and I’m NOT goin’ out like dat!”. Of course she’s not thinking about her minimum wage sales commission job which barely pays her rent. Remember her baby’s daddy probably just left her with all of those bills to pay and its her “time of the month”.

* b(censored) has two gender-specified versions here in case Barbie is a guy and not a gal.

BARBIE>I ask her what the problem is and she states that my friend was looking at her, keep in mind that this is an employee of an open booth that contains products, so even if we were looking in her direction there may have been a good reason (products we may have liked).
ME>Logical assumption but logic has little to do with emotionally driven negative social incidents. Whoopi probably thinks that she is now embroiled in an ageless racial/class struggle with you. You, on the other hand, don’t see this from your lofty viewpoint of your reality and assume you are only trying to right an alleged wrong committed against Ken and maybe even yourself. You’re not looking at the big picture. Certainly neither is Whoopi. To “keep the peace” Ken should have been saying to you at the time: “Come onnnn… what are you doingggg? Let’s goooo!” Which at the time would have been logically good advice…

BARBIE>I state to her that she doesn't have to be "scared" of me but she does have to respect me and that we did nothing to provoke that response. She says "whatever", finally not threatening to kick our asses and I walk off very frustrated.
ME>As if to say “You don’t have to be afraid of me… because I’m a ____ “ (you fill in the meaningless title in the blank). Sounds a little condescending to me. “Respect me OR ELSE!” Why? Respect has to be earned. It is not imputed to you at birth by God or by the showy means of your wealth. Whoopi felt disrespected by Ken. Ego-driven confrontation or threats of mall security/management/supervisor or being sued was not what Whoopi needed at that moment. Next time try a little more compassion and TRUE understanding. Ken needs to chill out too. Southerners are supposed to be friendlier than that! Ask your parents or your grandparents about the "genteel" south.

BARBIE>My question is what, if anything can legally be done about this? I'd really like to see this girl terminated but could this also call for a lawsuit being that we were absolutely innocent of provoking any such comment and that we were yelled at, cursed at, and threatened openly? Thanks for any advice.

SUMMARY> IMO I think you don’t have a legal leg to stand on. Civil litigation can only be won if you can prove to the judge that Whoopi somehow injured you physically or financially. Psychological pain or torture is only plausible within a domestic or workplace scenario. But you don’t even know her. She did not commit libel, slander, defamation of character, nor did she commit an act of assault and battery. If you are such a good-hearted soul you might have just went to the Mall Courtesy Desk and asked their advice. They may have just told you that Whoopi just lost her boyfriend or “significant other” and was feeling “poorly” over the whole thing. What happen to “Love your neighbor...” and “Do onto others, as you would have them do unto you...”? Or if your not a Christian how about the "Do not judge your neighbor until you walk two moons in his [or her] moccasins." (Cheyenne / Native-American).

Why don’t you just go back to the mall, if she’s not fired yet, and “go lay bear your brother’s (or sister’s) sins” or as the Native-Americans say "bury the tomahawk" (i.e. reconciliation)? Ask her to meet you at the local Starbucks or equivalent mall coffee shop on her break – you offer to pay. Explain to her what you explained to us. Tell her you don’t want to get her in trouble, as our country’s economy is already bad enough without more people out on the street looking for minimum wage jobs at the malls. All of the good ones were out-sourced over-seas. Find out how the “other side” or the “have-nots” think and live. Maybe you will come away from this reconciliation a more informed and happier person for taking the time out of your busy day at the mall.

I know I assumed a heck of a lot. But you left many forensic clues…

Dr. Spooky – “ a male…”

“An answer, when mild, turns away rage, but a word [or act] causing pain makes anger to come up.” – King Solomon - Proverbs 15:1