It is important for employers to know that their employees are well-trained when dealing with dangerous situations, but they should also give them a "heads-up" or prepare them for one. This case shows how vital it is to ensure proper procedure on safety.
A California trial court erred when it ordered a new trial following a jury verdict awarding plaintiff $360,000 in damages where the plaintiff alleged that her employer planned and carried out a mock robbery during which she was approached by a man wearing a ski mask and sunglasses, who slammed a paper bag down on the counter and gave her a handwritten note saying “I have a gun. Put your money in the bag.” Plaintiff reached for a silent alarm, but the plaintiff alleged the man pounded on the counter and pointed to the message on the bag. She gave the man money, but when he left, she began shaking and crying hysterically. The “robber” was actually the employer’s district quality control manager, and the incident was staged by the employer as a security exercise. The California appellate court held there was sufficient evidence to support the jury’s finding regarding the plaintiff’s allegations that she had been assaulted and sustained emotional distress as a result of the incident.
See Lee v. West Kern Water District, 5 Cal. App. 5th 606, 81 Cal. Comp. Cases 966 (Oct. 24, 2016).
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