Walgreen Michigan Pharmacist is Suing for Wrongful Termination - Does He Have a Case?

Discussion in 'Law and Justice System' started by PoliticalChic, Sep 21, 2011.

  1. PoliticalChic
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    PoliticalChic Diamond Member

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    Before firing, Hoven first tried dialing 911. But before he could complete the call, the first of the two robbers had vaulted over a counter and was standing five feet away from him. That's when the pharmacist went for his own gun and opened fire.
    Pharmacist Fires Back at Gunmen, Fired By Walgreens Watch Video

    The video appears to confirm that Hoven's actions were defensive, and were made only in response to the robbers' attack.

    Peter Kosick of St. Joseph, Hoven's attorney, tells ABC News that, in his opinion, Walgreens should have commended his client for bravery. That, too, is the opinion of township police Lt. Delman Lange, who, after reviewing the surveillance video, told the local paper, "If it was me, I would have done the same thing."

    Though Hoven was licensed by the state of Michigan to carry a gun, Walgreen discourages its pharmacists from packing pistols. A spokeswoman for the drug chain told ABC News in an email that while Walgreens would not be able to disclose its policies, they were written to protect the safety of customers and employees. "Store employees receive comprehensive training on our robbery procedures and how to react and respond," she wrote. Walgreens' approach is "endorsed by law enforcement, which strongly advises against confrontation of crime suspects. Compromise is safer."

    Michigan Walgreens Pharmacist Jeremy Hoven Fired After Shooting at Robbers - ABC News

    Lis Wiehl and Kimberly Guilfoyle, two FOX News analysts say he has a case. Although, I sympathize with the pharmacist, I just don't see him winning. Walgreens had specified what their policy was on guns. Does anyone have more insight into this?
     
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  2. martybegan
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    martybegan Gold Member

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    He may not have a case, but I always laugh at police organizations that say compromise is "safer." This coming from an organization whos members can bring weapons home with them for self defense, and conceal carry wherever they go, even in restrictive environments like NYC.

    Also, tell these people that compromise is safer. I was in this wendy's 4 hours before the massacre.

    Wendy's massacre - Wikipedia, the free encyclopedia
     
  3. Mr. H.
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    Mr. H. Diamond Member

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    ...Walgreens would not be able to disclose its policies,...

    They just have. "We're open and we're unarmed".
     
  4. rightwinger
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    rightwinger Paid Messageboard Poster Gold Supporting Member Supporting Member

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    Walgreens has a right to set it's own policies. If it doesn't want it's pharmacists engaging in shootouts with robbers they have a right do discharge those who do

    Many stores have a policy of "if someone tries to rob us....let them" better to lose some money and some drugs than to have an innocent customer shot in a crossfire
     
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  5. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    Of course he has a case.

    Unfortunately it's not the "right" case.

    What he should have done was sued for inadequate security at the Walgreens. There was ample reason for Walgreens to hire armed guards. They did not.
     
  6. PoliticalChic
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    PoliticalChic Diamond Member

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    I would assume that as a private business, Walgreen should be able to set the rules of employment...

    ...and so I would agree with you.

    But:
    1. He wasn't asked if he had a concealed carry permit at time of employment.
    2. The thieves shot at him prior to his returning fire...no one was injured.
    3. Both legal analysts have law degrees and courtroom experience as prosecutors...

    So...why do they both believe he wins this case?
     
  7. PoliticalChic
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    PoliticalChic Diamond Member

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    After killed or wounded?
    No one is arguing that he was not fired upon first.

    You can be a witness:

    [ame=http://www.youtube.com/watch?v=ibgDq5RnyAU]Walgreens Fires Pharmacist After Shooting At Robbers - YouTube[/ame]
     
  8. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    He doesn't have a leg to stand on using his "right" to self defense. He has a right to defend himself. He has a right to carry a gun. Walgreen has a right to fire him if he carries his gun and uses it in Walgreens.

    Simple as that.

    Walgreen's sets it's policies for employee behavior. There's really no argument he can use to go down on this path.

    Which is why it would be wise for him to argue that Walgreen's was negligent.
     
  9. PoliticalChic
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    PoliticalChic Diamond Member

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    Everything I've read tends to agree with you...

    According to a 1997 study of National Crime Victimization Survey data, "robbery and assault victims who used a gun to resist were less likely to be attacked or to suffer an injury than those who used any other methods of self-protection or those who did not resist at all.” Footnotes and Sources - Concealed Guns - ProCon.org


    ...but...doesn't a private business have the rigth to set the rules of employment?
     
  10. PLYMCO_PILGRIM
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    PLYMCO_PILGRIM Gold Member

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    He has no case unfotunately

    I used to be a walgreens store manager before I changed careers and my cousin right now is a walgreens pharmacy manager (they have seperate managers for the store side and pharmacy side).

    The company policy is that if someone tries to rob you that you, as an employee, give the robbers everything they want and provide zero resistance.

    He wont win as that is part of your employment agreement.


    I'm not saying I agree with that, I'm just saying it is what it is ;)
     
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