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ITT we talk about black eyes

ShogunShogun Hair long; money long; me and broke wizards we don't get alongRegistered User regular
edited December 2006 in Help / Advice Forum
Will try to keep this short. This took place today at Domino's Pizza.

We were folding boxes. Three people involved. Employee 1 tosses his box and it lands in the floor. Employee 2 asks him nicely to not do it again. Employee 1 (he has a serious attitude problem) naturally tosses another directly at him.

Employee 2 is known for making very brash decisions. One day he got pissed and threw a 16" pizza against the wall. So he makes another dumb decision and throws his box as hard as he can hitting me directly in the throat.

Naturally I got angry. However I know better and did not retaliate. I got in his face shouting how very uncool it is to throw things that are not aerodynamic as hard as you can. Employee 2 gets even more pissed and fucking decks me twice in the face.

He didn't hit me very hard. I took two to the face and was still standing there. His first hit was a glancing blow but his 2nd connected with my eye. Before I could even begin to pummel him our manager had it broken up. I went outside and my eye started to swell.

Employee 2 is naturally canned, he should be. However there is talk that I should be fired as well. Note: None of this would've happened if Employee 1 would quit with the attitude. 2nd note: I never, and I mean never, layed a fist on that kid. He's 17 or 18 and I'm 20.

So. First question is A) How long do black eyes last and is there anything I should do to make it go away? It doesn't hurt at all but my vision is wonky and its swollen pretty bad. Question B) is am I in trouble for this? I see this as a wrong place wrong time situation. If I get fired is there any action I can take to get some justice here? I'm already over wanting to kill the kid. It hurts my pride but I'm glad I didn't pummel him as I want to keep my job.

Thanks in advance.

Shogun on

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    MarathonMarathon Registered User regular
    edited December 2006
    From the sound of your story you didn't do anything wrong. The kid freaked out and hit you when you had nothing to do with the situation. There is no reason why you should be fired.

    A black eye is going to last for about a week for the swelling and discoloration to go away. You can put some ice or anything cold on it to keep the swelling down

    Marathon on
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    SpazSpaz Registered User regular
    edited December 2006
    As long as you get your story across straight and they don't think you provoked him, there's no reason you'd be fired.

    Spaz on
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    matt has a problemmatt has a problem Points to 'off' Points to 'on'Registered User regular
    edited December 2006
    Yeah, just ice the eye regularly, it'll last as long as an average bruise. As for retaliation, you can always sue the company for not providing a safe work environment. Or have the kid arrested for assault.

    matt has a problem on
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    Yeah, just ice the eye regularly, it'll last as long as an average bruise. As for retaliation, you can always sue the company for not providing a safe work environment. Or have the kid arrested for assault.

    How do I go about pressing charges? That sounds like a wonderful idea.

    Shogun on
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    MarathonMarathon Registered User regular
    edited December 2006
    Shogun wrote:
    Yeah, just ice the eye regularly, it'll last as long as an average bruise. As for retaliation, you can always sue the company for not providing a safe work environment. Or have the kid arrested for assault.

    How do I go about pressing charges? That sounds like a wonderful idea.

    Call the local police station and tell them that you would like to file a complaint.

    Marathon on
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    For the FutureFor the Future ClubPA regular
    edited December 2006
    Definately press charges. This kid assaulted you, and if you don't report things like this they just get worse and worse.

    For the Future on
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    Update: I've called the police and am waiting for an officer to get in touch with me. I called my boss and he isn't firing anyone. Including the kid that decked me. We're both getting "written up."

    So just so everyone knows its now ok to go around punching whoever for whatever reason. You won't get fired just a small slap on the wrist.

    Shogun on
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    Al_watAl_wat Registered User regular
    edited December 2006
    You might want to inform your employer that you are pressing charges against the guy who hit you.

    It might influence him to take a different action.

    Al_wat on
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    matt has a problemmatt has a problem Points to 'off' Points to 'on'Registered User regular
    edited December 2006
    Al_wat wrote:
    You might want to inform your employer that you are pressing charges against the guy who hit you.

    It might influence him to take a different action.
    Yeah, your boss does need to know this. Or, even better, if there is some sort of human resources hotline, (or even if there isn't, and you just call human resources), you need to tell them that you were assaulted while on the clock by another employee who was also on the clock, and you're pressing charges.

    As telling your boss produced no result other than you getting in trouble for being beaten, my advice would be to go higher up. The fact that he hires people who react like this, then punishes their victims, tells me he's not fit for the job and someone needs to know.

    matt has a problem on
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    matt has a problemmatt has a problem Points to 'off' Points to 'on'Registered User regular
    edited December 2006
    Not to mention that I'm pretty sure somewhere in the employee handbook there's a line or paragraph or page that states that employees aren't supposed to beat each other, and that it's a fireable offense.

    matt has a problem on
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    I called the owner of the store. My boss told me he was going to call her before he made any decisions which he did not. I spoke with her and she is going to speak with my boss. I'm on the phone waiting to talk to him. I just got done filing a report with the police.

    Shogun on
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    noobertnoobert Registered User regular
    edited December 2006
    I took a headbut to the eyebrow about a year ago. I didn't ice it at all, not even after an egg sized lump showed up, i just went to sleep and forgot about it.

    I woke up and totally paniced as i couldn't see out of my eye, after checking in a mirrior it had swollen shut. It took about 2 months to totally return to normal, and even now i still have a slightly mis-shapen eyebrow.

    The blood from the lump also leaked over to my other eye and down my cheeks, it looked pretty awesome really.

    But yeh, ICE IT NOW... and go see a doctor.

    noobert on
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    Al_watAl_wat Registered User regular
    edited December 2006
    You might want to take pictures of it as well.

    Although the police might do that for you.

    Al_wat on
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    Well according to the cop pressing charges will be pointless. The official story is that I laid my hands on him first so it was ok to hit me. I can't retaliate or I go to jail. We both have our jobs.

    So I guess everybody gets one.

    Shogun on
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    GrimmGrimm Registered User regular
    edited December 2006
    Where did this "official story" come from? What did the store owner and boss say?

    Grimm on
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    Grimm wrote:
    Where did this "official story" come from? What did the store owner and boss say?

    The official story is the story that the boss got from I'm assuming witnesses and gave the cop.

    Shogun on
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    A-RodA-Rod Registered User regular
    edited December 2006
    Well if by "got in his face shouting" also meant you were pushing him or grabbing him...maybe he has something on you. Maybe. Did employee 1 tell the boss what he saw? Considering he is a witness to it all, you did not make it clear if he was the one who told the boss what happened, if at all.

    A-Rod on
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    GrimmGrimm Registered User regular
    edited December 2006
    A-Rod wrote:
    Well if by "got in his face shouting" also meant you were pushing him or grabbing him...maybe he has something on you. Maybe. Did employee 1 tell the boss what he saw? Considering he is a witness to it all, you did not make it clear if he was the one who told the boss what happened, if at all.

    If all you did was shout at him after he hit you with the box, i would fight this as much as possible. Why let this guy get away with beating on you? Whats to stop him from doing it again. If something else ever comes up at work again (and i wouldn't be surprised if it did after how you described the other workers), every ones gonna see you got written up for assaulting someone in the past and its not gonna help your case. Not to mention, if the police keep a record of this.

    Grimm on
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    RaneadosRaneados police apologist you shouldn't have been there, obviouslyRegistered User regular
    edited December 2006
    did you touch him, at ALL?

    did you grab him, shove him, poke him, anything?

    If not, try to find people who saw it who will back you up, and press the issue, continue with the complaint, and if they shrug you off, go over their heads.

    Raneados on
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    GrimmGrimm Registered User regular
    edited December 2006
    It sounds like there was only one possible witness. So if the police got the idea that you hit the other guy, i think its time you have a talk with this witness.

    Grimm on
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    There were other witnesses. I did touch him but it was not confrontational or aggressive. However that probably doesn't matter. I'm basically getting hosed I wish I had gotten my shots in before the manager got there.

    Shogun on
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    LemmingLemming Registered User regular
    edited December 2006
    If he threw the box really hard at him first, in the throat, I don't think it should matter if he did anything in return. He was clearly attacked first in any case, as I imagine getting hit like that probably hurt a lot.

    Lemming on
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    SerpentSerpent Sometimes Vancouver, BC, sometimes Brisbane, QLDRegistered User regular
    edited December 2006
    Shogun wrote:
    There were other witnesses. I did touch him but it was not confrontational or aggressive. However that probably doesn't matter. I'm basically getting hosed I wish I had gotten my shots in before the manager got there.

    Uh
    I have a hard time believing it was not confrontational or aggressive. I can't picture it. He threw a box at you and hit you, and you raised your voice and also touched him in some way or another. It sounds pretty confrontational and aggressive to me.

    You'd probably better drop this. You assaulted him with the touching (assault does not have to result in injury).

    Serpent on
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    RohaqRohaq UKRegistered User regular
    edited December 2006
    Serpent wrote:
    Shogun wrote:
    There were other witnesses. I did touch him but it was not confrontational or aggressive. However that probably doesn't matter. I'm basically getting hosed I wish I had gotten my shots in before the manager got there.

    Uh
    I have a hard time believing it was not confrontational or aggressive. I can't picture it. He threw a box at you and hit you, and you raised your voice and also touched him in some way or another. It sounds pretty confrontational and aggressive to me.

    You'd probably better drop this. You assaulted him with the touching (assault does not have to result in injury).
    I'm fairly certain that hitting someone in the throat with a box counts as assault too, so technically, the other guy provoked the response.

    Rohaq on
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    SerpentSerpent Sometimes Vancouver, BC, sometimes Brisbane, QLDRegistered User regular
    edited December 2006
    Rohaq wrote:
    Serpent wrote:
    Shogun wrote:
    There were other witnesses. I did touch him but it was not confrontational or aggressive. However that probably doesn't matter. I'm basically getting hosed I wish I had gotten my shots in before the manager got there.

    Uh
    I have a hard time believing it was not confrontational or aggressive. I can't picture it. He threw a box at you and hit you, and you raised your voice and also touched him in some way or another. It sounds pretty confrontational and aggressive to me.

    You'd probably better drop this. You assaulted him with the touching (assault does not have to result in injury).
    I'm fairly certain that hitting someone in the throat with a box counts as assault too, so technically, the other guy provoked the response.

    Yah, technically the box would be assault and battery, but since it was just a box and might have been 'friendly playing that got out of hand', any type of physical response is not likely to be seen as justified by a court of law.

    however, the OP grabbing the other guy, and the other guy hitting him... that is likely to be seen as a justified response. the other guy just has to say he felt threatened and blammo! he was defending himself, and the OP is screwed.

    edit: this type of thing is all about appearances, and without even getting the others guys side of the story, it appears to me that the OP is screwed. I'm sure if we got the others guys story (which is going to be slanted in his favour), it would probably appear to me that the OP is doubly screwed.

    as such... i would really drop it.

    Serpent on
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    JohnnyCacheJohnnyCache Starting Defense Place at the tableRegistered User regular
    edited December 2006
    Hitting you with the box was the assault.

    JohnnyCache on
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    DrezDrez Registered User regular
    edited December 2006
    Shogun wrote:
    Will try to keep this short. This took place today at Domino's Pizza.

    We were folding boxes. Three people involved. Employee 1 tosses his box and it lands in the floor. Employee 2 asks him nicely to not do it again. Employee 1 (he has a serious attitude problem) naturally tosses another directly at him.

    Employee 2 is known for making very brash decisions. One day he got pissed and threw a 16" pizza against the wall. So he makes another dumb decision and throws his box as hard as he can hitting me directly in the throat.

    Naturally I got angry. However I know better and did not retaliate. I got in his face shouting how very uncool it is to throw things that are not aerodynamic as hard as you can. Employee 2 gets even more pissed and fucking decks me twice in the face.

    He didn't hit me very hard. I took two to the face and was still standing there. His first hit was a glancing blow but his 2nd connected with my eye. Before I could even begin to pummel him our manager had it broken up. I went outside and my eye started to swell.

    Employee 2 is naturally canned, he should be. However there is talk that I should be fired as well. Note: None of this would've happened if Employee 1 would quit with the attitude. 2nd note: I never, and I mean never, layed a fist on that kid. He's 17 or 18 and I'm 20.

    So. First question is A) How long do black eyes last and is there anything I should do to make it go away? It doesn't hurt at all but my vision is wonky and its swollen pretty bad. Question B) is am I in trouble for this? I see this as a wrong place wrong time situation. If I get fired is there any action I can take to get some justice here? I'm already over wanting to kill the kid. It hurts my pride but I'm glad I didn't pummel him as I want to keep my job.

    Thanks in advance.

    OK, this is going to be a long post.

    Regarding black eyes: They take 3-5 days to vanish from your face, I've found.

    Regarding getting fired:

    I'm reposting something I posted in another thread. This is just an anecdote of what happened to me regarding a violent altercation in the stock room of a retail store. It may or may not help you, but I was fired and had it overturned five weeks later. They offered me the job back and paid for my time out of work.

    I didn't care about the job but I didn't want "was involved in a fight" on my termination papers, which while technically true, I was entirely victimized and I wasn't going to stand for that. Ignore the "thief" stuff - this post was in response to someone potentially getting fired for stealing even though they weren't stealing.
    Drez wrote:
    Plus, you have recourse even in Employment at Will states in the US. This isn't necessarily helpful for the thread, maybe it is, I dunno, but I'll share my own personal experience from working in TJ Maxx in New York.

    In a nutshell, I'd been there for awhile. The day after the Fourth of July, I was working down in the stock processing area, and so were a couple of guys and a couple of girls.

    I had brought my own knife from home. It was a multi-tool...screwdriver, knife, etc. As a stock processor, a pocket-sized scissors/knife/etc was convenient and people were always losing the box cutters we had in the processing area.

    Anyway, I had brought it before. People had seen me with it. Coworkers, managers, etc. Nobody ever complained about it. It is also legal to sell and legal to carry in New York as the knife/blade part of the tool was shorter than the width of three fingers. It wasn't a weapon...no more than a pencil is a weapon. In fact, I bought it from a place seven or eight shops down in the same plaza as the TJ Maxx I was working in.

    One guy was newish - been there a few months, maybe. I was there for over a year at least. Long story short, this guy had this tweaked-out drunk/high look in his eye when I got there. We always got along though. I got along with all the staff there. Never a problem whatsoever.

    So anyway apparently the guy was fucking around and put tape on one of the girl's processing tables, and it was hard to get off. So, I went over and said I'd take care of it and started to scrape it off with the blade on my multi-tool. The girl made some snide comments to the guy and I joined in...all in good fun. I mean the kid put TAPE on a TABLE. It's not like anyone cared.

    Anyway, I was holding the blade part while making my joking/snide comments. The guy flips and says "hey, don't you threaten me with that knife" which was just bonkers because I didn't say anything even remotely threatening, didn't point it at him, and wasn't menacing at all. We were just throwing banter back and forth. Or so I thought.

    He says "I see you with that fucking knife, don't you fucking point that knife at me." I truly thought he was joking. I picked the knife up and closed the tool, put it down, and said "alright, I'm not threatening you, and I'm gonna give you one chance to apologize or else." I said this with a grin.

    Okay, maybe that was the wrong choice of words. I admit that. But, you have to understand, I thought he was joking with me entirely. I've NEVER had a problem with this guy, and though he looked a little tweaked off, the things he was saying, about me threatening him, were SO bonkers I didn't think that even being high on acid would have caused him to say them.

    He walks over, holding a broom handle, and says "hey, tough guy, why don't you say that to my face again."

    Like a dumbass, I still thought he was teasing me, so I said "apologize."

    He lunged at me, wrestled me to the floor, and had the broom handle in my throat (crushing my throat and cutting off oxygen) before I realized the lunatic was serious all that time.

    Everyone runs to get the supervisor, who brings the manager. The manager and supervisor break it up. I didn't even TOUCH the other kid...I was so surprised and it happened so fast I didn't have time. Plus, I didn't want to touch him because I didn't want to lose my job over his lunacy.

    Anyway, I'm the obvious victim, having been on the floor and now clutching my throat. The manager takes the assailant up to his office (I presume). I'm standing there, downstairs, in pain, for over 30 minutes. Finally, he comes to get me.

    Long story short, he asks me to give my version of the events, I did, and then he hands me a piece of paper explaining that I'm terminated. I was incredulous. They didn't even ask me if I was okay AND they questioned the attacker first. Never suggested an ambulance. Nothing. Then they have the audacity to tell me that I carried a weapon to work, and that according to the handbook I was "involved in a fight" and thus violated the rules. So I asked him, "what if someone just comes up to you and punches you in a face out of the blue? You're involved in violence then. You're a total victim, but involved in violence. Would you get fired?" He didn't have a response to that.

    So I leave. This was the worst possible case scenario. FIRED AND ON RECORD FOR CARRYING A WEAPON AND BEING INVOLVED IN A VIOLENT ACT. There was absolutely no way I was going to let that stand. I didn't give a shit about the job. The job was like any other bullshit $6/hr. job. But I was going to be damned if I was gonna let that go on some file.

    I immediately called the home office and then the office above that. I was told that they had spoken to my manager and the events did not paint me in a good light because of the entirely legal tool that they claimed was illegal to either own or carry. I told them I would get back to them on that. I looked it up and did. It was legal to own or carry, even if it wasn't sensical to do so. I even told them at the regional office that I didn't care about the job. I just didn't want my termination papers to say I carried a weapon to work and was involved in a violent altercation. I also brought up the fact that I was very obviously the victim which was readily perceivable and corroborated by coworkers, but I was left uninformed, alone, clutching my throat in the basement of TJ Maxx without being offered any kind of medical care by anyone. My throat was red and hurt for days after that. I told her all this. And I asked for a copy of the termination papers. She said they couldn't comply with that request, but assured me that it didn't go into detail about the "weapon" or the altercation. I refused to accept her word on that and told her she'd be hearing from my lawyer.

    A lawyer can subpoena the employment office and obtain a copy of the termination papers. Actually, I can't even claim to have had that idea on my own. She let that drop. She actually said, "the only way you can get a copy is if your lawyer subpoenas us" or something like that - I don't remember the exact syntax of the legal mumbo jumbo. As soon as she said that, I said "okay, well you'll be hearing from my lawyer then."

    Mind you, I had spoken to the regional office multiple times over the course of five weeks. It was now the middle of August. I had gotten fired on July 5th, and out of work for a little over five weeks.

    This last conversation took place on a Friday.

    On Monday she called me back. They offered to reverse the termination, destroy the termination documents, reinstate me at TJ Maxx, and pay for every week I was out of work. I stayed there for a few months (four, I think) and quit.

    And, yes, this was in New York, an Employment at Will state where they can fire you for any reason. If they don't like the way your shoes look, they can fire you.

    But you still have some wiggle room and some rights. Employment doesn't exist in a bubble here - they can't just tarnish your record willy-nilly.

    I'm fairly certain you can fuck this guy in his face if he fires you and tries to paint you as a thief on your termination record. Maybe I'm just extra anal, but I wasn't going to be unfairly cast as a violent, weapon-wielding individual on record, and you shouldn't allow yourself to go on record as a thief, either.

    Drez on
    Switch: SW-7690-2320-9238Steam/PSN/Xbox: Drezdar
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    DrezDrez Registered User regular
    edited December 2006
    Serpent wrote:
    Rohaq wrote:
    Serpent wrote:
    Shogun wrote:
    There were other witnesses. I did touch him but it was not confrontational or aggressive. However that probably doesn't matter. I'm basically getting hosed I wish I had gotten my shots in before the manager got there.

    Uh
    I have a hard time believing it was not confrontational or aggressive. I can't picture it. He threw a box at you and hit you, and you raised your voice and also touched him in some way or another. It sounds pretty confrontational and aggressive to me.

    You'd probably better drop this. You assaulted him with the touching (assault does not have to result in injury).
    I'm fairly certain that hitting someone in the throat with a box counts as assault too, so technically, the other guy provoked the response.

    Yah, technically the box would be assault and battery, but since it was just a box and might have been 'friendly playing that got out of hand', any type of physical response is not likely to be seen as justified by a court of law.

    however, the OP grabbing the other guy, and the other guy hitting him... that is likely to be seen as a justified response. the other guy just has to say he felt threatened and blammo! he was defending himself, and the OP is screwed.

    edit: this type of thing is all about appearances, and without even getting the others guys side of the story, it appears to me that the OP is screwed. I'm sure if we got the others guys story (which is going to be slanted in his favour), it would probably appear to me that the OP is doubly screwed.

    as such... i would really drop it.

    Uh. Not to be insulting, but your thoughts/comments on this situation are pretty retarded. No court is going to consider throwing a pizza box directly at someone as "playful behavior." It is antagonistic at best and assault at worst. Hell, I worked in a pizzeria...those pizza boxes are not vanilla wafers, they are huge, bulky, POINTY cardboard things that can really hurt if you throw or flail it the right way.

    The OP might get fired, but he should threaten to sue the company.

    Shogun: did they offer to take you to a doctor/hospital to get checked out medically? That was a major point in my situation, that they didn't offer after I was attacked. Just something else to keep in mind if you need to talk to the home office.

    Drez on
    Switch: SW-7690-2320-9238Steam/PSN/Xbox: Drezdar
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    SerpentSerpent Sometimes Vancouver, BC, sometimes Brisbane, QLDRegistered User regular
    edited December 2006
    Drez wrote:
    Serpent wrote:
    Rohaq wrote:
    Serpent wrote:
    Shogun wrote:
    There were other witnesses. I did touch him but it was not confrontational or aggressive. However that probably doesn't matter. I'm basically getting hosed I wish I had gotten my shots in before the manager got there.

    Uh
    I have a hard time believing it was not confrontational or aggressive. I can't picture it. He threw a box at you and hit you, and you raised your voice and also touched him in some way or another. It sounds pretty confrontational and aggressive to me.

    You'd probably better drop this. You assaulted him with the touching (assault does not have to result in injury).
    I'm fairly certain that hitting someone in the throat with a box counts as assault too, so technically, the other guy provoked the response.

    Yah, technically the box would be assault and battery, but since it was just a box and might have been 'friendly playing that got out of hand', any type of physical response is not likely to be seen as justified by a court of law.

    however, the OP grabbing the other guy, and the other guy hitting him... that is likely to be seen as a justified response. the other guy just has to say he felt threatened and blammo! he was defending himself, and the OP is screwed.

    edit: this type of thing is all about appearances, and without even getting the others guys side of the story, it appears to me that the OP is screwed. I'm sure if we got the others guys story (which is going to be slanted in his favour), it would probably appear to me that the OP is doubly screwed.

    as such... i would really drop it.

    Uh. Not to be insulting, but your thoughts/comments on this situation are pretty retarded. No court is going to consider throwing a pizza box directly at someone as "playful behavior." It is antagonistic at best and assault at worst. Hell, I worked in a pizzeria...those pizza boxes are not vanilla wafers, they are huge, bulky, POINTY cardboard things that can really hurt if you throw or flail it the right way.

    The OP might get fired, but he should threaten to sue the company.

    Shogun: did they offer to take you to a doctor/hospital to get checked out medically? That was a major point in my situation, that they didn't offer after I was attacked. Just something else to keep in mind if you need to talk to the home office.

    I also worked in a pizza place. Throwing a pizza box at someone would be playful behaviour unless you outright hurled the damn thing.

    Heck, you even said 'if you throw or flail it the right way'.

    Now take someone who isn't 'familiar' with the 'dangers' of pizza boxes. they're not going to see throwing a pizza box someone as assault.

    Judge: 'so how did this start?'
    OP: 'he threw a pizza box at me, so i grabbed him and yelled at him, then he hit me'.
    Judge: 'you grabbed and threatened him after he only threw a box? get out of my court.'

    Serpent on
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    MarathonMarathon Registered User regular
    edited December 2006
    Serpent wrote:
    Judge: 'so how did this start?'
    OP: 'he threw a pizza box at me, so i grabbed him and yelled at him, then he hit me'.
    Judge: 'you grabbed and threatened him after he only threw a box? get out of my court.'

    Except this time the box was thrown very hard in a most not playful manner and it ended up hitting the OP directly in the throat. I think a reasonable judge would see the difference here.

    Marathon on
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    SerpentSerpent Sometimes Vancouver, BC, sometimes Brisbane, QLDRegistered User regular
    edited December 2006
    Marathon wrote:
    Serpent wrote:
    Judge: 'so how did this start?'
    OP: 'he threw a pizza box at me, so i grabbed him and yelled at him, then he hit me'.
    Judge: 'you grabbed and threatened him after he only threw a box? get out of my court.'

    Except this time the box was thrown very hard in a most not playful manner and it ended up hitting the OP directly in the throat. I think a reasonable judge would see the difference here.

    and probably write it off as an accident, while he would write off the black eye as self defense (since the guy was being touched and yelled at, which is very threatening). the only assault that might stick is the grabbing of the other guy.

    Serpent on
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    MarathonMarathon Registered User regular
    edited December 2006
    Serpent wrote:
    Marathon wrote:
    Serpent wrote:
    Judge: 'so how did this start?'
    OP: 'he threw a pizza box at me, so i grabbed him and yelled at him, then he hit me'.
    Judge: 'you grabbed and threatened him after he only threw a box? get out of my court.'

    Except this time the box was thrown very hard in a most not playful manner and it ended up hitting the OP directly in the throat. I think a reasonable judge would see the difference here.

    and probably write it off as an accident, while he would write off the black eye as self defense (since the guy was being touched and yelled at, which is very threatening). the only assault that might stick is the grabbing of the other guy.

    So if I go across the street from a school playground and start hitting golf balls with my driver I won't be at fault if they hit some kids? They just got in the way like the OP got in the way of the pizza box that his coworker decided to throw.

    Marathon on
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    DrezDrez Registered User regular
    edited December 2006
    Serpent wrote:
    Now take someone who isn't 'familiar' with the 'dangers' of pizza boxes. they're not going to see throwing a pizza box someone as assault.

    Judge: 'so how did this start?'
    OP: 'he threw a pizza box at me, so i grabbed him and yelled at him, then he hit me'.
    Judge: 'you grabbed and threatened him after he only threw a box? get out of my court.'

    I think you need to...get a different perspective on reality and law. Because yours is ill-informed.

    Drez on
    Switch: SW-7690-2320-9238Steam/PSN/Xbox: Drezdar
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    According to the manager hitting me in the throat with the box is irrelevant.

    I'm thankful for all you guys have said but there is nothing I can do. The only way I can get revenge, which I don't really care about, is to talk shit until the guy gets pissed and lays his hands on me, in which case I plan on breaking bones, but that's for another thread.

    To be honest I'm pissed about the shiner but what I'm more pissed about is the stupid manager. If it had been me I would've fired BOTH of us. By not doing anything he is supporting this psycho kid's violent behavior. He's sending the message its ok to get in a fight at work and I don't believe it is. I guarantee within six months this kid will have another outburst similar to this.

    Shogun on
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    DrezDrez Registered User regular
    edited December 2006
    Shogun wrote:
    According to the manager hitting me in the throat with the box is irrelevant.

    I'm thankful for all you guys have said but there is nothing I can do. The only way I can get revenge, which I don't really care about, is to talk shit until the guy gets pissed and lays his hands on me, in which case I plan on breaking bones, but that's for another thread.

    To be honest I'm pissed about the shiner but what I'm more pissed about is the stupid manager. If it had been me I would've fired BOTH of us. By not doing anything he is supporting this psycho kid's violent behavior. He's sending the message its ok to get in a fight at work and I don't believe it is. I guarantee within six months this kid will have another outburst similar to this.

    What state are you in?

    I would call the district office and if that doesn't help, I would call the home office. Explain to them what happened and that you feel unsafe and that the manager is not being responsible in maintaining a safe work environment by leaving things as they are. It is unfathomable to me that he would do nothing to either of you for what happened.

    Drez on
    Switch: SW-7690-2320-9238Steam/PSN/Xbox: Drezdar
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    Drez wrote:
    Shogun wrote:
    According to the manager hitting me in the throat with the box is irrelevant.

    I'm thankful for all you guys have said but there is nothing I can do. The only way I can get revenge, which I don't really care about, is to talk shit until the guy gets pissed and lays his hands on me, in which case I plan on breaking bones, but that's for another thread.

    To be honest I'm pissed about the shiner but what I'm more pissed about is the stupid manager. If it had been me I would've fired BOTH of us. By not doing anything he is supporting this psycho kid's violent behavior. He's sending the message its ok to get in a fight at work and I don't believe it is. I guarantee within six months this kid will have another outburst similar to this.

    What state are you in?

    I would call the district office and if that doesn't help, I would call the home office. Explain to them what happened and that you feel unsafe and that the manager is not being responsible in maintaining a safe work environment by leaving things as they are. It is unfathomable to me that he would do nothing to either of you for what happened.

    Our store is a franchise operation. I'm in Tennessee.

    edit: We are being punished though. I'm getting "written up." oh nos

    Shogun on
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    SerpentSerpent Sometimes Vancouver, BC, sometimes Brisbane, QLDRegistered User regular
    edited December 2006
    Drez wrote:
    Serpent wrote:
    Now take someone who isn't 'familiar' with the 'dangers' of pizza boxes. they're not going to see throwing a pizza box someone as assault.

    Judge: 'so how did this start?'
    OP: 'he threw a pizza box at me, so i grabbed him and yelled at him, then he hit me'.
    Judge: 'you grabbed and threatened him after he only threw a box? get out of my court.'

    I think you need to...get a different perspective on reality and law. Because yours is ill-informed.

    my ill-informed opinion will ensure that the OP doesn't get any more screwed by this.

    The reality is that nobody in their right mind would construe throwing a pizza box as a threatening gesture where a response is justified, regardless of how hurt the recipient of the throw was. The box WAS assault and battery, we can all agree on that, but the likelihood of charges sticking is slim to none, and it does not justify assault (both the raising of the voice and the touching) in return. The charges that could stick would be the black eye -- but this could easily be argued as a defensive measure because the guy felt threatened (he was being yelled at and touched), and generally when you try to press charges and are found to be the 'guilty' party, the charges will be reversed and stuck on you (when they might normally be thrown out).

    Serpent on
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited December 2006
    Not to mention the guy is still a minor for I think another month. There really is nothing I can do. I might check that list of domino's hotlines in the office and see if any of them apply to me.

    Shogun on
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