An employer who retains control over the security and safety of the workplace has a duty to use ordinary care to protect employees from criminal acts of third parties if it knows or has reason to know of unreasonable risk and foreseeable risk of harm to the employee.
Our firm makes it our mission to make sure justice is served by holding guilty parties accountable. When our attorneys Mark Fassold and Bailey VanNatta were given the opportunity to help a client who was killed by her ex-boyfriend, they worked endlessly to ensure that justice would be delivered.
Our client was being threatened by her abusive ex-boyfriend. She changed her residence, her car, her routines – everything except her workplace to hide from her abusive ex-boyfriend. She asked her employer for permission to change the store she worked at to any one of at least 47 other stores, but the employer did not approve her request.
Despite admitting to foreseeing the risk of harm, a violent act, and an assault on our client by her ex-boyfriend at her place of employment, her employer denied the request to move her and promised to keep her safe.
Our client relied on her employer’s promise to keep her safe. However, in the end, the employer admitted to doing absolutely nothing to keep her safe. Our client’s ex-boyfriend found her at the only place he knew to find her – her place of employment — and killed her.
Mark, Bailey, along with their team tirelessly worked on this case to obtain justice for $3.34 million for our client. Through all of the controversy that surrounded the case, the team was able to obtain an arbitration award for the surviving family. Although it can never replace the person who was lost, we are proud of our team for not letting an employer’s poor actions go unpunished. Keep fighting the good fight, team!
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