My Employer Faked a Robbery
They say that the most interesting stories are found not in television, books, or film but in America’s courtrooms. A recent case in California might prove that theory. In many states, Workers’ Compensation law is known as “an exclusive remedy.” This means that, when injured at work, you cannot sue your employer for negligence; you may only pursue lost wages and medical benefits. There are exceptions to every rule, and the courts in California recently ruled that, if your employer subjects you to a fake robbery at gunpoint, that act becomes one of those exceptions.
The injured worker worked for the West Kern Water District in California as a cashier. After employees received training on how to handle a robbery, the supervisors decided they wanted to see how female employees would deal with an armed robbery. So they staged one, without notifying the intended victims.
The appellate courts in California found that this conduct by the employer permitted the victim to go outside the Workers’ Compensation law and sue her employer in Civil Court. At Abes Baumann, we know the ins and outs of the law. Don’t try to figure things out on your own. Let us help.
For the full appellate decision, click here. (https://www.courts.ca.gov/opinions/documents/F070772.PDF)