Tweet
Court upholds firing of worker over fight
Appellate judges toss out damages award of $335,000
Bob Egelko, Chronicle Staff Writer
Friday, June 13, 2003
©2003 San Francisco Chronicle | Feedback
URL: http://sfgate.com/cgi-bin/article.cg...13/BA30288.DTL
Hector Escalante made a mistake when he stopped trying to flee the onrushing attack of a co-worker at a Southern California art studio and decided to defend himself.
At least that was the conclusion of Escalante's employer, who fired him from his job as a printmaker. This week, a state appellate court ruled that the firing was legal.
In a ruling made public Tuesday, the court said it sympathized with Escalante, but his employer had the right to fire him for taking part in a fight when he had the chance to retreat. Finding that the termination involved no violation of public policy, the three-judge panel threw out a damages award of $335,000 to Escalante.
"Retreat might not serve the victim's pride, or assuage his anger at being attacked, but it does tend to prevent escalation of the violence, and we cannot see why an employer should not be allowed to opt for that result," said Justice William Bedsworth.
Escalante's attorney Mark Weidmann said he would appeal to the state Supreme Court.
"It's shocking that you cannot defend yourself in the workplace or you're going to be subject to losing your job," said Weidmann, adding that his client had suffered brain damage in the attack. "Are you just supposed to sit there and take a beating?"
But Gary Bennett, attorney for Escalante's former employer, Solutions Unlimited of Fullerton, said a contrary ruling would have told employers "that they could never terminate anybody who was involved in a workplace altercation.
All they would have had to say was, 'I was defending myself.' "
Escalante, who had worked at the studio since 1996, was assaulted by co- worker Ion Stanei without provocation in February 1999, the court said.
According to trial testimony, Stanei started screaming at Escalante, swung a piece of wood at him, then hit him with a hammer or a box of screws.
Escalante fled, but Stanei chased him and threw a box of screws that hit him in the back. Escalante turned from 30 to 40 feet away, saw Stanei holding a large metal cap, and ran up and grabbed him in a bear hug. Stanei struck Escalante in the head with the cap, causing substantial bleeding.
Co-owner Jim Goetsch decided to fire both men, saying Escalante should have left the scene.
An Orange County jury awarded Escalante $450,000 in damages, finding that his firing violated his right to defend himself. The trial judge reduced the award to about $335,000, according to Weidmann.
___________________
I can't believe the nerve of that guy who started the fight! Never the less, it would be more interesting if Escalante was skilled in some MA.
Appellate judges toss out damages award of $335,000
Bob Egelko, Chronicle Staff Writer
Friday, June 13, 2003
©2003 San Francisco Chronicle | Feedback
URL: http://sfgate.com/cgi-bin/article.cg...13/BA30288.DTL
Hector Escalante made a mistake when he stopped trying to flee the onrushing attack of a co-worker at a Southern California art studio and decided to defend himself.
At least that was the conclusion of Escalante's employer, who fired him from his job as a printmaker. This week, a state appellate court ruled that the firing was legal.
In a ruling made public Tuesday, the court said it sympathized with Escalante, but his employer had the right to fire him for taking part in a fight when he had the chance to retreat. Finding that the termination involved no violation of public policy, the three-judge panel threw out a damages award of $335,000 to Escalante.
"Retreat might not serve the victim's pride, or assuage his anger at being attacked, but it does tend to prevent escalation of the violence, and we cannot see why an employer should not be allowed to opt for that result," said Justice William Bedsworth.
Escalante's attorney Mark Weidmann said he would appeal to the state Supreme Court.
"It's shocking that you cannot defend yourself in the workplace or you're going to be subject to losing your job," said Weidmann, adding that his client had suffered brain damage in the attack. "Are you just supposed to sit there and take a beating?"
But Gary Bennett, attorney for Escalante's former employer, Solutions Unlimited of Fullerton, said a contrary ruling would have told employers "that they could never terminate anybody who was involved in a workplace altercation.
All they would have had to say was, 'I was defending myself.' "
Escalante, who had worked at the studio since 1996, was assaulted by co- worker Ion Stanei without provocation in February 1999, the court said.
According to trial testimony, Stanei started screaming at Escalante, swung a piece of wood at him, then hit him with a hammer or a box of screws.
Escalante fled, but Stanei chased him and threw a box of screws that hit him in the back. Escalante turned from 30 to 40 feet away, saw Stanei holding a large metal cap, and ran up and grabbed him in a bear hug. Stanei struck Escalante in the head with the cap, causing substantial bleeding.
Co-owner Jim Goetsch decided to fire both men, saying Escalante should have left the scene.
An Orange County jury awarded Escalante $450,000 in damages, finding that his firing violated his right to defend himself. The trial judge reduced the award to about $335,000, according to Weidmann.
___________________
I can't believe the nerve of that guy who started the fight! Never the less, it would be more interesting if Escalante was skilled in some MA.
'Cause I "Just want[ed] to see what the f**k was goin' on"... which was sort of true. But I just wanted to sympathize. Now he was getting s**tty and I was getting ready to put all I've learned to the test, if I had to, but I'm glad nothing like that happened because if I had to defend myself, I'd have gotten fired... which is a crock of s**t. I don't usually say stuff like this... my dad would, though. But it goes to show where liberal thinking can take you.
Comment