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  • Lucky you're not in jail

    Okay, so this didn't *happen* to me, but to my coworker. It's definately a SC, but also a Sighting. I work in a pharmacy.

    I come into work today, punch in, and go to the office. My first duty every day is to count the safe, and therefore assume responsibility for it from my coworker. I walk into the office to see: My SM on the phone, my ASM listening intently, and CW. Already I'm curious.

    SM says (at various times during the phone conversation that we're all hearing):
    "Sir we only sell the phones as a courtesy to Verizon. No you cannot return them to us - you have to contact Verizon" "You don't have to explain to me what happened, I can see it on the videotape" "I don't disrespect my employees like that and I'm not going to allow you to do so either"

    Now my antenna is up and quivering Here's the back story (as I saw on the video when ASM showed it to me):

    A man came into the store and bought a Tracphone phone card. He comes back a few minutes later and purchases a Verizon phone. These are sold in a box. You can see where this is going right? He comes back mere minutes later (and this is ALL on video) and demands a refund on both the phone card AND the phone, because they don't work together. Our cashier tells him she can't do that, neither one is returnable, as evidenced by the 4 (FOUR!) signs in the phone card and phone stock area. This entire exchange took 20 (TWENTY) seconds, according to the time stamp on the video.

    At this point, he THROWS the phone and box at the cashier. Fortunately, it did not hit her, but crashed onto the ground behind the register He leaves. Evidently he went back to his car and called the store, requesting the *manager*.

    Now, my SM is about the chillest guy you could ever meet. And that's saying a lot, considering I'm 60, have lived all over the world, and met thousands of people. He is an expert at dealing with SCs that make the rest of us cry. And so the phone conversation continues ...

    SM: "Again, you don't have to explain, I can see on the video what happened." "Okay, that's good, because I don't want you back in my store" "If the phone you threw at my cashier had hit her, I would filing assault charges right now" "Oh you want the phone back? Let me know when you are coming, because I will throw it outside for you. I DO NOT want you back in my store" "Okay good, call the media. I will show them the videotape" (At this point, SC hung up)

    SM was MAD! I've worked for him almost 4 years and NEVER seen him this mad. But he IS the chillest guy I know. Love ya Ryan

  • #2
    Inquiring minds want to know:

    If he had a working phone in his car with which to call the manager, why purchase a Trac Phone and card at all?

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    • #3
      Quoth workerbee222 View Post
      ... why purchase a Trac Phone and card at all?
      He doesn't want to be trac'd?
      I am not an a**hole. I am a hemorrhoid. I irritate a**holes!
      Procrastination: Forward planning to insure there is something to do tomorrow.
      Derails threads faster than a pocket nuke.

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      • #4
        just because it didn't hit doesn't mean it wasn't assault I believe.
        Interviewer: What is your greatest weakness?
        Me: I expect competence from my coworkers.

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        • #5
          Quoth gremcint View Post
          just because it didn't hit doesn't mean it wasn't assault I believe.

          Yeah, it's still "attempted". Just because the guy throws like a girl doesn't mean his ass shouldn't be going to jail.

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          • #6
            Okay, I know nothing about Tracphones and Verizon cards but ... at least I would have the sense to ASK whether they work together BEFORE buying them.
            Customer service: More efficient than a Dementor's kiss
            ~ Mr Hero

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            • #7
              Quoth workerbee222 View Post
              If he had a working phone in his car with which to call the manager, why purchase a Trac Phone and card at all?
              The purchase was for a Verizon phone and a TracFon card. Best I can infer is that the SC wanted that model on a pay-as-you-go plan.
              As for why, I would guess that the SC wore out his welcome with his present carrier....or that phone and card was for someone else.
              I'm trying to see things from your point of view, but I can't get my head that far up my keister!

              Who is John Galt?
              -Ayn Rand, Atlas Shrugged

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              • #8
                Quoth An Haddock View Post
                Yeah, it's still "attempted".
                I do not believe there is any such crime as "attempted assault". If a reasonable person would believe that the accused was trying to harm the alleged victim, it's assault. Period.

                If the accused does physically harm the alleged victim, that is battery.

                That's why you often see them paired--the perpetrator does something that a reasonable person would believe would cause harm, and it does cause physical harm. Assault and battery.

                ....At least, that's what I learned in HS civics class back in Illinois, many many years ago...
                “There are two novels that can change a bookish fourteen-year old’s life: The Lord of the Rings and Atlas Shrugged.
                One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world.
                The other, of course, involves orcs." -- John Rogers

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                • #9
                  And copper sulphate crystals growing on the terminals of a deep-cycle group 31 are a salt and battery.
                  Any fool can piss on the floor. It takes a talented SC to shit on the ceiling.

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                  • #10
                    Nunavut, thanks for explaining that. I never understood the two separate charges. No one should be allowed to get away with assault or battery, even if the victim isn't hurt. Ridiculous, all over his refusal to ask for help.
                    "Is it hot in here to you? It's very warm, isn't it?"--Nero, probably

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                    • #11
                      Quoth Nunavut Pants View Post
                      I do not believe there is any such crime as "attempted assault"....

                      'Attempted murder...do they give a Nobel Prize for attempted chemistry??'
                      The Copyright Monster has made me tell you that my avatar is courtesy of the wonderful Alice XZ.And you don't want to annoy the Copyright Monster.

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                      • #12
                        I think NP has it right, though the terms can vary by state, AFAIK. (IANAL)

                        From what I've seen -- In MOST states:

                        "Assault" means making a threat to do harm to another. There is no "attempted" by this definition. AFAIK, in some states, Assault also covers what others call Battery.

                        "Battery" means actually doing the harm. "Attempted" can apply here (e.g. they throw a punch at you, but they miss completely.) A customer grabbing your hand might technically be this, even if no harm was intended nor done.

                        Adding "Aggravated" to the front means that they're using a foreign object of any kind to do the Assault/Battery. Even if it's a piece of paper or a credit card.

                        Appending "...with a Deadly Weapon" -- which may or may not be a real thing -- implies that something recognized as such was involved (e.g. a knife or a gun), even if it was never actually drawn. Showing someone that you have a knife on your belt (but not touching it) and making a threat would still be AwDW, because you gave the person a *reason* to believe you might plan to use it to harm them.
                        "For a musician, the SNES sound engine is like using Crayola Crayons. Nobuo Uematsu used Crayola Crayons to paint the Sistine Chapel." - Jeremy Jahns (re: "Dancing Mad")
                        "The difference between an amateur and a master is that the master has failed way more times." - JoCat
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                        • #13
                          It does vary quite a bit across the country.

                          In my state (er commonwealth) "assault" requires you to be touched by the offender, we don't have "battery" in the statutes.

                          Any criminal touching with the intent to cause harm is assault.

                          No touch? No assault. You'll have to pick something else like stalking or terroristic threats or disorderly conduct or , yes, attempted assault.

                          So if you had a brick thrown at your head, no matter how close it came, unless it TOUCHED you, it can't be assault under our law.
                          - They say nothing good happens at 2AM, they're right, I happen at 2AM.

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                          • #14
                            Quoth gremcint View Post
                            just because it didn't hit doesn't mean it wasn't assault I believe.
                            It was assault.

                            If the phone had hit the cashier, then it would be assault and battery.

                            Depending on your state, province, whatever... as usual, naturally.
                            "I often look at every second idiot and think, 'He needs more power.'" --Varric Tethras, Dragon Age II

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                            • #15
                              OK, so - because he was too unobservant to notice that he bought a particular brand of phone, and a phone card for a DIFFERENT brand of phone, both of which are non-refundable as stated on at least four signs (which he also didn't see or pay attention to) - it's somehow someone else's fault?

                              That right there is a classic idiot, an asshole, and an EW. Needs to grow up ASAP. Good on your manager for not letting him get away with anything.
                              When you start at zero, everything's progress.

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