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

[PoliticalChic]

Since you sign a document that says you will abide by the company policy and failure to follow the policy can result in termination I would say he has no legal basis to file a wrongful termination suit. If a customer was wounded in the shootout then it would be them who would be suing. Just because you can hit a target on a shooting range does not mean you can hit something in the heat of the moment or when someone is shooting at you. Most likely innocent bystanders are going to get hit.

In this situation the man made a decision. Maybe because he had a gun he felt more powerful in the original confrontation that escalated it to a shootout. If he had complied according to policy maybe nothing would have happened. But having a gun may have influenced his attitude.

"If he had complied according to policy maybe nothing would have happened."

Incorrect....the perp fired at him, the gun jammed.

Should he have waited until the perp cleared the jam?

 

[zzzz]

Since you sign a document that says you will abide by the company policy and failure to follow the policy can result in termination I would say he has no legal basis to file a wrongful termination suit. If a customer was wounded in the shootout then it would be them who would be suing. Just because you can hit a target on a shooting range does not mean you can hit something in the heat of the moment or when someone is shooting at you. Most likely innocent bystanders are going to get hit.

In this situation the man made a decision. Maybe because he had a gun he felt more powerful in the original confrontation that escalated it to a shootout. If he had complied according to policy maybe nothing would have happened. But having a gun may have influenced his attitude.

"If he had complied according to policy maybe nothing would have happened."

Incorrect....the perp fired at him, the gun jammed.

Should he have waited until the perp cleared the jam?

I am not saying he did anything wrong but legally he violated company policy.

 

[martybegan]

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?

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

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?

They do, and he should lose the case. The strange thing is that in most of the smaller pharmacies I know of (I worked in one in high school, and this is in NYC) the owner/pharmcist always had a concealed carry permit. Hell, when we had a big western union transfer going out, the guy brought in his father with a shotgun to hang out in the store until we got the money to a bank.

 

[PLYMCO_PILGRIM]

I would like to add something here. While I think Walgreen's is going to win the case if I was in the same situation and the guy pulled a gun and tried to shoot me I THINK I would have reacted the same way and shot back.

[ame=http://www.youtube.com/watch?v=2NEzRKqvE0U]Plymco Shooting Guns - YouTube[/ame]

 

[KissMy]

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?

Sounds like Walgreen's is engaged in increasing hazards at the workplace. OSHA's Guidelines for Preventing Workplace Violence clearly states "The availability of drugs or money at hospitals, clinics and pharmacies, making them likely robbery targets." OSHA even left out the fact that many Walgreen's also sell booze which also increases workplace violence.

Walgreen's is clearly negligent for not posting armed guards or allowing licensed concealed carry by employees to defend themselves, co-workers & customers.

This misguided Walgreen's policy sounds eerily similar to airlines preventing employees from carrying weapons & forcing their employees to give into terrorist demands prior to 9/11. A no gun policy is a please come & massacre policy that creates unnecessary hazards to employees & customers.

 

[zzzz]

Maybe they should have a sign out front "Pharmacist are armed." That would cause future robbers to think twice.

 

[del]

Maybe they should have a sign out front "Pharmacist are armed." That would cause future robbers to think twice.

most people who rob pharmacies are addicts. rationality isn't an addict's strong suit.

 

[PoliticalChic]

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?

Sounds like Walgreen's is engaged in increasing hazards at the workplace. OSHA's Guidelines for Preventing Workplace Violence clearly states "The availability of drugs or money at hospitals, clinics and pharmacies, making them likely robbery targets." OSHA even left out the fact that many Walgreen's also sell booze which also increases workplace violence.

Walgreen's is clearly negligent for not posting armed guards or allowing licensed concealed carry by employees to defend themselves, co-workers & customers.

This misguided Walgreen's policy sounds eerily similar to airlines preventing employees from carrying weapons & forcing their employees to give into terrorist demands prior to 9/11. A no gun policy is a please come & massacre policy that creates unnecessary hazards to employees & customers.

This post might be the answer.

 

[martybegan]

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?

Sounds like Walgreen's is engaged in increasing hazards at the workplace. OSHA's Guidelines for Preventing Workplace Violence clearly states "The availability of drugs or money at hospitals, clinics and pharmacies, making them likely robbery targets." OSHA even left out the fact that many Walgreen's also sell booze which also increases workplace violence.

Walgreen's is clearly negligent for not posting armed guards or allowing licensed concealed carry by employees to defend themselves, co-workers & customers.

This misguided Walgreen's policy sounds eerily similar to airlines preventing employees from carrying weapons & forcing their employees to give into terrorist demands prior to 9/11. A no gun policy is a please come & massacre policy that creates unnecessary hazards to employees & customers.

This post might be the answer.

That is an interesting point. The argument could be made that by preventing said employee from bringing his weapon with him, the company takes responsibility for defending the employee and assuring his well-being.

I wonder if this could be applied at the local government level, such as in NYC, where since NYC gun laws essentially disarm normal citizens, does that place the responibility of defending said citizens on the government?

 

[zzzz]

And what about gas stations who get robbed all the time? Should ever cashier at every store or gas station in America be armed or have armed guards?

 

[KissMy]

Walgreens becoming an easy target for pharmacy holdups

Pharmacy robberies have been rising steadily over the past several years, in the Twin Cities and across the nation. But the pain is not shared equally across all the various drugstore chains. In the past five years, two-thirds of the robberies have taken place at Walgreens.

This year, 16 of the 19 pharmacy robberies in Minneapolis have been at Walgreens. The Uptown, Northeast, and Midtown Lake Street Walgreens have been robbed four times each, the Walgreens on Hiawatha three times.

"It's scary," said a Walgreens pharmacist at the store in Calhoun Village, who didn't want her name used, since Walgreens does not allow its employees to talk to the press.

The string of robberies concerns Lt. Mike Fossum of the Minneapolis Police Department.

"Sobota ended up cooperating with us and told the reason they prefer Walgreens: 'They give you everything you ask for and more,'" recalls Fossum, who interviewed the Unibrow Robber after his arrest. "And they feel like they get cheated at CVS because they give them less."

In a recent CNBC documentary it was noted that Walgreens is the most robbed retail chain. Thieves steal over $2 million every day from Walgreens retail stores. Not only are the stores robbed but the delivery trucks are also hijacked the most. Walgreens looses $1 billion a year to theft & unnecessarily endangers their employees, contractors & customers lives due to their company policy.

 

[PoliticalChic]

And what about gas stations who get robbed all the time? Should ever cashier at every store or gas station in America be armed or have armed guards?

I'm down with that!

 

[PoliticalChic]

Walgreens becoming an easy target for pharmacy holdups

Pharmacy robberies have been rising steadily over the past several years, in the Twin Cities and across the nation. But the pain is not shared equally across all the various drugstore chains. In the past five years, two-thirds of the robberies have taken place at Walgreens.

This year, 16 of the 19 pharmacy robberies in Minneapolis have been at Walgreens. The Uptown, Northeast, and Midtown Lake Street Walgreens have been robbed four times each, the Walgreens on Hiawatha three times.

"It's scary," said a Walgreens pharmacist at the store in Calhoun Village, who didn't want her name used, since Walgreens does not allow its employees to talk to the press.

The string of robberies concerns Lt. Mike Fossum of the Minneapolis Police Department.

"Sobota ended up cooperating with us and told the reason they prefer Walgreens: 'They give you everything you ask for and more,'" recalls Fossum, who interviewed the Unibrow Robber after his arrest. "And they feel like they get cheated at CVS because they give them less."

In a recent CNBC documentary it was noted that Walgreens is the most robbed retail chain. Thieves steal over $2 million every day from Walgreens retail stores. Not only are the stores robbed but the delivery trucks are also hijacked the most. Walgreens looses $1 billion a year to theft & unnecessarily endangers their employees, contractors & customers lives due to their company policy.

I should have noted that the Fox News analysts both contacted the Walgreens CEO requesting a narrow exception be make in this case...perhaps a suspension rather than firing (that may be an inappropriate term, given the situation) but he refused.

Now, you note..

"...16 of the 19 pharmacy robberies in Minneapolis have been at Walgreens..."


Shouldn't he know that? Or react in some way to same???

 

[Tank]

That video will make a great resume for his next Pharmacy job.

 

[OODA_Loop]

They always miss the lessons the law abiding carrying citizen can get the most value from these shooting incidents.

What caliber, method of concealment, range, # of shots, # of misses and shot placement ?

Bleed out or DRT ?

 

[PLYMCO_PILGRIM]

And what about gas stations who get robbed all the time? Should ever cashier at every store or gas station in America be armed or have armed guards?

Everyone should be armed at all times, then criminals wouldn't mess with anyone out of fear of being shot!

For example!

[ame=http://www.youtube.com/watch?v=ngsKzdKNAmo]Criminals For Gun Control 1 Home Invasion - YouTube[/ame]

 

[George Costanza]

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

Totally agree. I was going to say this myself, but I see that Art Carney here has beaten me to it.

 

[George Costanza]

I would like to add something here. While I think Walgreen's is going to win the case if I was in the same situation and the guy pulled a gun and tried to shoot me I THINK I would have reacted the same way and shot back.

Plymco Shooting Guns - YouTube

This is one of the most inspiring and interesting videos I have ever seen. Here - I have on for you:

[ame=http://www.youtube.com/watch?v=dr9QmTl5v48&feature=fvsr]Annoying Orange - Back to the Fruiture - YouTube[/ame]

 

[PLYMCO_PILGRIM]

I would like to add something here. While I think Walgreen's is going to win the case if I was in the same situation and the guy pulled a gun and tried to shoot me I THINK I would have reacted the same way and shot back.

Plymco Shooting Guns - YouTube

This is one of the most inspiring and interesting videos I have ever seen. Here - I have on for you:

[ame=http://www.youtube.com/watch?v=dr9QmTl5v48&feature=fvsr]Annoying Orange - Back to the Fruiture - YouTube[/ame]

That was classic

Part 2?

[ame=http://www.youtube.com/watch?v=zPwZeWOZ8JU]Criminals For Gun Control 2, Carjacker - YouTube[/ame]

 

[techieny]

Jerry...Jerry..Jerry...Jerry...