Nigel distinguished himself as a hero and now he needs our help. Please read the letter and take a moment to participate in an e-mail action.
McDonald's
Ask Keith Olbermann to Support Nigel Haskett, Shot on the Job but Denied Compensation from McDonald's
Posted April 20th, 2009 by brandworkers in
UPDATED: McDonald's Finally Responds to Nigel Haskett and It's Not Pretty
Posted February 25th, 2009 by brandworkersUPDATE: Mr. Haskett's story has finally hit the national mainstream media.
Nigel Haskett is the McDonald's worker who heroically came to the aid of a patron who was being violently assaulted. He was shot multiple times in the process and McDonald's is actively opposing his workers compensation claim for medical expenses.
Background is here: http://anti-union.blogspot.com/2009/02/mcdonalds-hero-getting-screwed-by...
A Brandworkers e-mail action is here: http://citizenspeak.org/node/1492
The Huffington Post has posted an e-mail message that McDonald's sent out to a concerned citizen regarding its conduct toward Mr. Haskett. It is McDonald's first statement on the matter. Below is McDonald's e-mail with Brandworkers comments in bold:
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Thank you for taking the time to contact McDonald's to let us know your thoughts on this unfortunate incident.
Unfortunate? A 22-year old has undergone three surgeries and lives with a bullet fragment in his back because he had the heart and the courage to help out a women being violently assaulted. And the most McDonald's can muster is "unfortunate"?
Most important to note, McDonald's cleverly points to an "incident" rather than its pre-meditated corporate decision to deny workers compensation benefits that are owed due to that incident.
This restaurant is an independently owned McDonald's and an insurance claim is still pending.
McDonald's is wrongfully trying to hide behind its franchisee-store owner. The franchisee paid insurance premiums to the McDonald's workers compensation system so that McDonald's would pay out claims when they arose. Therefore, the ball is in McDonald's court and it's completely disingenuous to hide behind its franchisee.
As such, it is not appropriate for us to comment on it, however, the owner/operator, Ray Nosler, has shared the following statement publicly about this case:
McDonald's workers compensation agent argued that Mr. Haskett's claim should be denied in its entirety. If McDonald's is willing to make that argument against this hero, why doesn't it have the guts to comment on its decision? Now the multibillion dollar fast food giant continues to hide for cover behind its local franchisee.
February 24, 2009
My highest priority is the safety and security of my customers and employees.
I stand behind Nigel Haskett. I believe he acted as a Good Samaritan. Concerning the critical matter of his medical expenses, it is important to note that the Arkansas Worker's Compensation Commission ultimately decides the outcome of his claim. As part of this process, Nigel's case will be presented to a Worker's Compensation judge, who will review all of the facts and decide on the case's merits.
To say not to worry it's merely up to the judge now is downright offensive. The only reason Mr. Haskett must engage in the time, expense, and emotional heartache of litigation regarding a traumatic event in his life is because McDonald's has opposed his workers compensation claim. This is an open and shut matter and McDonald's legal arguments to the contrary are frivolous. FYI, whether or not McDonald's has a policy against helping a customer being attacked is legally irrelevant to this type of workers compensation claim.
McDonald's supports Nigel's claim, and fully anticipates the judge in this process will find in Nigel's favor. As a safeguard, if for some reason his claim is denied, and other insurance options are unavailable, I intend to cover the cost of his medical expenses.
Have you read 1984 by George Orwell? McDonald's, we are told, supports Nigel's claims by opposing Nigel's claims. And McDonald's fully anticipates that its frivolous legal arguments will fail but it continues to refuse to just settle the case!
The franchisee goes on to say he "intend[s]" to cover the costs if "other insurance options are unavailable." An intent to do something is not the same as pledging to do something or entering into a contract to do something. And what insurance is he talking about? Mr. Haskett certainly didn't have health benefits from McDonald's. So we suppose the store owner is referring to taxpayer-supported benefits. Well here's some news for the local store owner: It's not your responsibility to pay and it's certainly not the taxpayers'; it's the obligation of McDonald's to pay because you paid it insurance premiums to cover workplace injuries.
I'm doing this because it's the right thing to do for Nigel.
No sir, then you would have stepped up way back in August 2008 when Nigel Haskett was injured. You are "doing this" because of the growing public outcry and because you are being used as a pawn by the McDonald's corporation that is hiding behind you for public relations purposes.
Ray Nosler, McDonald's Owner/Operator
Kayla
McDonald's Customer Response Center
ref#:5808350
Brandworkers Calls on McDonald's to Compensate Worker Shot on the Job While Protecting a Customer
Posted February 25th, 2009 by brandworkersFebruary 25, 2009
"McDonald's must immediately stop shirking its legal obligation to compensate employee Nigel Haskett who was shot multiple times while defending a customer from violent assault. Mr. Haskett narrowly and miraculously survived the hail of bullets but must now contend with over $300,000 in medical bills because of McDonald's shameful evasion.
Becoming a victim of violent crime is a pervasive risk for retail and fast food workers. Employers have a legal obligation to take precautions to minimize the risk of violence on the job and to compensate employees who fall victim to violence. But instead of meeting its legal obligation and honoring the heroism of an employee who came to the aid of a customer in desperate need, McDonald's is concerned solely with its bottom line.
Nigel Haskett, at 22 years old, has undergone three abdominal surgeries and still carries part of a bullet in his back. McDonald's must immediately stop prolonging Mr. Haskett's suffering and compensate him in full."
Brandworkers International is a New York-based non-profit organization protecting and advancing the rights of retail and food employees.
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Background:
1. http://www.dailykos.com/story/2009/2/21/202227/973/431/700300
2. http://www.arktimes.com/Articles/ArticleViewer.aspx?ArticleID=bc6732a3-9...
3. http://anti-union.blogspot.com/2009/02/sign-petition-for-mcdonalds-hero....
Ask Keith Olbermann to Take on McDonald's for Shot Worker Denied Compensation
Posted February 24th, 2009 by brandworkers
Nigel Haskett was shot multiple times while working at McDonald's because he chose to stand up for a customer who was being violently assaulted. Nigel miraculously survived but now McDonald's is shirking its legal obligation under the workers compensation system to pay his $300,000 in medical-related expenses.
Last year, Keith Olbermann of MSNBC's "Countdown" admirably and repeatedly shamed Wal-Mart into dropping a malicious lawsuit against a former employee Debbie Shank who was left in a near-vegetative state after an accident.
Please take just a moment to click on the following link and ask Keith to set his sights on McDonald's and demand justice for Nigel: http://citizenspeak.org/node/1492
L.A. City Council Member Proposes Fast Food Moratorium in L.A. Neighborhood
Posted July 15th, 2008 by brandworkers
Former Pittsburg McDonald’s Employee Files Harassment Claim
Posted June 23rd, 2008 by mvsawkarVonda Jackson, a former McDonald’s employee filed a 12-page federal lawsuit claiming, ‘supervisor sexually harassed her and then stabbed her in the buttocks with a meat thermometer because she ignored his insults.’
Jackson claims that and assistant store manager, Glen Almon, repeatedly sexually harassed and the stabbed her with a meat thermometer in June 2006. In addition the assistant manager ‘touched her inappropriately and chased her around the store with a broom.’
Another disturbing aspect of the case is that the store manager Mike Pihony, ignored the harassment and occasionally engaged in the same behavior. Eventually, Almon was promoted and moved to a different store after Jackson filed a complaint with the Pennsylvania Human Relations Commission and Equal Employment Opportunity Commissions.
Although McDonald’s human resource department investigated her complaints, they refused to give her the required findings.
Ms. Jackson also alleges that she was retaliated against due to her complaint. She also claims that she was “constructively terminated,” meaning even though she resigned; the conditions were unbearable and left her with no other choice.
Remembering the Wendy's Massacre [Counterpunch]
Posted May 24th, 2008 by brandworkersThe Dangerous Side of Retail Work
Remembering the Wendy's Massacre
By Daniel Gross, Brandworkers Founding Director
Counterpunch- Weekend Edition, May 24 / 25, 2008
This Sunday marks the eighth anniversary of what has come to be known as the Wendy’s Massacre. On that fateful day, workers at one of the hamburger chain’s locations in Queens were busy closing down the store – wiping down counters, emptying the trash, and all the rest to prepare for the next day.
Retail workers know that closing the store can be a dangerous part of the job. It’s often late at night, no customers are around, and workers may be counting money. In addition to wanting to get home, security concerns are why retail workers can get a little bit edgy around closing time. The possibility of violent crime is why retail workers don’t open the door after closing for a passerby pleading to use the restroom.
Just after closing time was when John Taylor, a former employee of the Wendy's restaurant, chose to strike. Taylor, who was joined by an accomplice, knocked at the locked front door of the restaurant and called out for the store manager whom he knew by name. The manager subsequently went to the basement with one of the assailants. The rest is tragic, gruesome history.
The Wendy’s night crew was lured to the basement, bound and gagged, and shot at point-blank range inside the walk-in refrigerator. Four of the workers, Anita C. Smith, Ramon Nazario, Jeremy Mele, and Ali Ibadat were killed. The night manager, Jean Dumel Auguste, was also killed. Two workers, Jaquione Johnson and Patrick Castro, were shot in the head and face, respectively, and left for dead. They miraculously survived.
The families mourned and the city mourned with them. The mother of one of the victims sued Wendy’s for being negligent in its security precautions.
As chilling and heart wrenching as the Wendy’s tragedy was, it does not stand alone. In 2000, the year of the Massacre, there were three mass fast food killings in the United States leaving 14 workers dead.
John Taylor himself was a serial armed robber of fast food chains going back to 1996; he hit five restaurants the year before the Massacre including McDonald’s and Burger King.
Retail work can be deadly. 351 retail workers in the United States suffered fatal injuries on the job in 2006, according to government statistics. By contrast, 190 workers died in the mining industry that year, the year of the horrific tragedy at the Sago Mine. 138 of the retail worker deaths were by homicide.
In December of last year, the nation was transfixed as details emerged of a shooter entering an Omaha mall and opening fire with an assault rifle. Six of the fallen were department store employees. One of the surviving employees attempted to explain her grief. She was quoted in a news report sharing, “In retail, co-workers become a family of sorts because of the long hours spent at work.”
The 19-year-old murderer dressed in camouflage had recently been cut loose from his job at McDonald’s. He ended the rampage by turning the weapon on himself. It was the second massacre at a U.S. mall that year.
This year, Wendy’s has seen another high-profile mass shooting, this time at a Florida location which left a paramedic dead and four others injured. The day before, two Wendy's employees in Illinois were robbed at gunpoint and forced into a freezer by two masked men. The day after the shooting spree in Florida, a drive-through employee at a California Wendy's was confronted by a robber with a gun. Earlier this month, Wendy’s workers in Delaware were victims of an attempted robbery – at closing time. The list could go on and on.
The other chains are no different: just try logging on to a news search engine and typing “robbery” and “the name of a fast food chain”.
Retail work is undervalued and under-respected in our society thanks in large part to the global retail corporations. They use lobbying and slick public relations to block initiatives which would improve the standing of retail workers such as legislative reform to help workers achieve an independent voice on the job with a labor union.
The threat of violence is but one of the many, many reasons why retail workers deserve greater respect and recognition. In mourning the victims of the Wendy’s Massacre and all retail worker victims, I hope we are mindful of the danger of workplace violence which while often obscured from our customer experience is a very real part of workers’ daily lives.
McDonald's Franchise to Pay Out $550,000 Over Sexual Harrasment of Teens
Posted April 8th, 2008 by brandworkers in
The atrocious harassment allegedly included a, "...supervisor biting the breasts and grabbing the buttocks of the [young women], making numerous sexual comments, as well as offers of favors in exchange for sex." (EEOC)
Have you been sexually harassed at your fast food job? Brandworkers Legal Defense-Plus can help.
Palm Beach Bans Chain Restaurants!
Posted February 19th, 2008 by brandworkersFollowing through on a promise made in 2006, the town council unanimously voted Monday to prohibit chain restaurants...(Palm Beach Post)
