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View Full Version : so this guy punched me outside of work....


depechemodefan
11-27-2018, 02:14 AM
Story in bold, just starting with some details.

One of my jobs is at a Cat Shelter. This is a Mickey Mouse organization. Just one owner who has one manager and three permanent workers. Us workers are not full time, just part time. Us workers just clean cages, feed cats, do laundry, do dishes (laundry cleans the linens that we use to cover the plastic mats the cats lay in if they are in a cage; laundry also cleans pet beds, mops and towels we use) and give meds to cats (if a cat has to have a pill shoved down it's throat several times a day, and someone has to do it in the morning; otherwise the vet tech, who is also part time, medicates the cats).

Now I call this a Mickey Mouse operation because we don't have big sponsors, just individuals or families that love cats so will give us a little or a lot for food or med bills.

me and the 2 other workers have to be there by 8am to clean the place before 12, when we open. I was volunteering there before getting a permanent job there, and when the former worker and her son left the manager hired me and an older lady who also volunteered to to fill in. Then the boy who did the sick room left so I got his spot and a teen got hired to help the older lady. The former workers could get done before noon. So far me and the crew can not be done before noon. Manager has a habit of not getting in before 1pm, so it's inconvenient.

I asked to get a key so I can get to work earlier and the manager says, "we'll talk about it" but we never do.

So the day I got punched
It's Nov 5. I have no car so a friend gives me a ride. He drops me off at 7:21 am. The shopping plaza has nothing open this early, except a car rental place but they are around the corner. Around 7:33 am, a guy on a bike rides up to me while I had my head down looking at my phone, as I sit on a curb in front of my job. I had texted the manager to let her know I'm waiting for my co-worker to show up. I figure the co-worker won't be there soon, so I text to ask the manager to let me in, since she lives close by. But she is asleep and doesn't see my text.

So guy ask me for the time, I tell him, he asked to use my phone, I say "no", he spits on me, I curse him out, he starts yelling at me and I stand up to get away and he gets off his bicycle and punches me in the face. hits my left cheek. Luckily he is a weakling, because I did fall on my ass, but I got up right away and chased him but gave up. I had a bruise. I didn't go to the doctor because I figure it's nothing though it feels tender if I poke at it now. Granted, I poke at it a lot so....

I call the cops but cop who showed up did ask questions but didn't seem very interested. Manager still won't give me a key. She said if I get to work early to just wait at McDonalds and someone will pick me up. I was more annoyed then upset. Angry more than afraid. Hope it doesn't happen again but I'm not going to be afraid.

bainsidhe
11-27-2018, 04:50 AM
That's awful, and I hope you never encounter such a thing again.

Also, Mickey Mouse owner should check to see if their workers comp insurance is up to date. Doing a quick google search, this could be a comp issue since you were in the parking lot in front of your workplace, even if not clocked in. (Note, IANAL).

Food Lady
11-27-2018, 05:42 AM
If you are going to have to sit there for half an hour and wait for someone else you should be paid for that time. And I agree it would be good to find out if that would be considered a workplace injury (though I'm leaning toward not). What is up with the police? Spitting is assault. That plus punching: is that what the designation aggravated assault is for? I'm concerned about you because a punch in the face could cause any number of problems such as concussion or blood clot.

Mental_Mouse
11-27-2018, 11:32 AM
Re: the police, am I to guess that your shopping plaza is the local "bad neighborhood", meaning it's largely minorities and/or poor folks who shop there?

Re: the job... it sounds to me like even with pay, that job is halfway to a volunteer gig (much like my job at the bookstore). Sometimes bosses in that kind of situation can get the wrong idea....

depechemodefan
11-28-2018, 04:01 AM
The area is actually upper middle class. There is a shopping plaza across the street that has some of the better businesses. There is a Randalls which is an expensive grocery store. Not haughty-totty store, but it's not cheap. But I live in Houston so a there is very little zoning (zoning just involves what is allowed to be around schools and religious places), so there are some cheap domiciles walking distance (though I take the bus and notice a lot of people get on the bus and get off two stops away. To me that is walking distance). There is another shopping center at the next major intersection that have expensive restaurants and an expensive store that sells kitchen equipment.

The shopping center I work at has a tattoo parlor, a nail salon, a up-scale Ramen Bar, a Mexican restaurant that I would say is middle of the road restaurant, an event avenue, a pharmacy, a bead shop, a Game Stop, and a dentist. Now the shopping center has a configuration that isn't straight, so not all the shops can be seen at one spot, and only the Raman Bar, tattoo parlor and nail salon are visable.

Since this is a job that is money-poor (the manager is the only person who doesn't get paid regularly because there isn't enough money; she had to give up her townhome and move in with the owner since the owner was so behind in paying her), I'm not expecting in getting paid for waiting around. Though if they asked me to come in early and I do and no one is there to let me in, then I would mark my time card (time card is actually an excel spreedsheet that I type in my time in and out) the time I showed up.

Oh, the owner put in cameras some time ago but the cameras go out of order a lot. That day I think they needed their batteries replaced and after my assault the owner got a guy to come in to change the batteries. Also, a cat pied on one of the cameras, hee. Anyway, the cop didn't ask if the cameras worked. If he was serious about what happened then he should have asked about the cameras.

Just took some nyquil so I hope I make sense.

Monterey Jack
11-28-2018, 04:26 AM
Spitting is assault.

One time, when I was in my late teens or early twenties, I was walking home from work, and there was this long line of joggers coming down the sidewalk in the opposite direction, and as I was going past them, one of them very deliberately spat directly in my face. :eek: I was shocked and mortified and walked home in tears before scrubbing my face.

If that happened to me today, I'd probably deck whoever did it.

SpyOne
11-29-2018, 08:26 AM
If you are going to have to sit there for half an hour and wait for someone else you should be paid for that time. (snip) What is up with the police? (snip)
Nobody is going to pay you for showing up early: the co-worker with the key to the door presumably usually shows up at 8.
Now, if the issue was that said coworker was running late, then yes you were scheduled at 8 and you were there at 8 and you should be paid from 8 since it was totally not your fault you couldn't clock in.
And yes the boss should be aware that only giving one person the key means when they are late everyone else gets paid to do nothing for a while.

What is up with the police is that, while assault and battery are serious crimes, they are probably never going to be able to make an arrest since the suspect is "a guy on a bicycle" who had a ten minute head start. I assume there was a better description (approximate height, clothing, age, appearance), but ... assuming the perpetrator is stupid enough that he isn't hiding, hasn't changed his clothes, is still on the bicycle, and is making himself easy to locate, he can still make "wasn't me" into a viable defense.
Even if you identify him as the guy who punched you, that's your word against his. His public defender will suggest that it could have been any other guy on a bicycle who happened to flee in a different direction and maybe WAS smart enough to hide, and his client was just coincidentally similarly dressed and in the wrong place at the wrong time.
In fact, while the bruises attest that you got hit in the face by someone, that's really the only proof you have that this happened at all.

Sad to say, but with the victim as the only witness, even if they find a suspect they probably can't get a conviction. And they probably can't even find a suspect. So yes, the police will be acting like, while taking your statement is definitely part of their job, it is probably also a waste of time.


OP: I'm pretty sure he was trying to steal your phone. And that he's noticed you waiting there before. Keep an eye out if you find yourself waiting there again.

And on the bus riders: I've been on both sides of that. Especially when I was younger and spryer, riding anything less than a mile seemed a waste. But especially now that it is harder for me to walk, if I had to walk a considerable distance just to reach a bus stop, I'm taking the bus as much as I can.
Nowadays if I need a ride home from work I find myself going "Bus takes an hour and drops me 1/4 mile away, Uber takes half an hour and drops me at my driveway. Bus is $5, Uber is $12. Am I really willing to pay $7 to save half an hour and avoid walking 1/4 mile?" Most days the answer is "yes".

EricKei
11-29-2018, 09:42 AM
Reminds me of the time *hoity-toity grocery* told me, most of the crew in general, and the kitchen staff to come in at something like 5:30 AM (for an 8 AM opening) on XMAS Eve morning, in sub-zero temperatures, to make sure that we were ready for the crush of business that day. Thing is, no manager were there until after 6:30 AM to open the doors, so we were all stuck out back by the loading dock, freezing our collective asses off. This was before cellphones were the norm, so we just had to wait.

Once the managers finally showed up, they all denied ever asking us to come in so early (yeah, I'm sure 30 or 40 workers can all have been "mistaken" or "misheard him."). Thus, nobody got paid for that extra time hanging around x.x :mad:

OP: I'm pretty sure he was trying to steal your phone. And that he's noticed you waiting there before. Keep an eye out if you find yourself waiting there again.Agreed, on all counts.

Mental_Mouse
11-30-2018, 03:36 AM
And on the bus riders: I've been on both sides of that. Especially when I was younger and spryer, riding anything less than a mile seemed a waste. But especially now that it is harder for me to walk, if I had to walk a considerable distance just to reach a bus stop, I'm taking the bus as much as I can.
Nowadays if I need a ride home from work I find myself going "Bus takes an hour and drops me 1/4 mile away, Uber takes half an hour and drops me at my driveway. Bus is $5, Uber is $12. Am I really willing to pay $7 to save half an hour and avoid walking 1/4 mile?" Most days the answer is "yes".

Same here -- I'm usually quite the walker, but this year I hurt my foot, so for a while I was taking Uber a lot, including for distances I would normally have walked. (Physical therapy is doing well, and the foot is improving, but still an annoyance.)