Legal experts weighed in on a former Starbucks barista’s decision to file a lawsuit against the company after claiming he was fired for intervening in an attempted robbery.
Michael Harris was working at a drive-thru in St. Louis, Missouri, when two robbers came into the store and began robbing customers as well as telling him to hand over the money in the register, KSDK reported. During the stickup, Harris was struck in the head with a gun by one of the suspects.
However, when the 20-year-old realized it was fake, he decided to take action: “The trigger for it busted off, and that’s when we noticed and started to fight back,” Harris told the station.
One of the robbers fled, but Harris and his coworker were able to apprehend the second one until police arrived at the scene. According to the report, he claims that the company fired him from his beloved position without an explanation a short time later. This led him to pursue legal action for wrongful termination. The coworker was fired as well.
“They didn’t create the dangerous scenario. They just did what they were supposed to do in that scenario. It happens fast… There’s no way that an individual can be faced with danger, attempted potential death of themselves or another, and then once they’ve been hit or downed, that they cannot defend themselves,” attorney Ryan Krupp, who is representing Harris, said to the news station.
Speaking to St. Louis Public Radio, labor and employee attorney Sarah Swatosh said the ex-worker has a good case, but his argument is shaky.
“It goes against our intuition that if we are helping — if we are being a good Samaritan — we won’t be punished for it, but that’s simply not true. Most stores [and] retailers have a no-chase policy,” Swatosh said. “They simply won’t let the employees stop thieves. The work comp risk is too high. The injuries are too high.”
Another attorney believes Harris has a strong case due to the violent nature of the attack.
“At a minimum, Starbucks’ general counsel should be fired, as well as their marketing/public relations department, for allowing it to get this far,” attorney Eric Banks told the radio station. “I understand that the miscreants told the customers to lie down and then to give up their belongings. That sounds like a prelude to an execution to me,” Banks added.
In a statement to KSDK, Starbucks said they prioritize the safety of their employees, who are expected to abide by the company’s protocols. In their training, the chain teaches their employees to “comply with demands and to avoid doing or saying anything that can escalate the situation” during armed robberies, per the outlet.
But for Harris, he tried his best to keep everyone safe.
“I tried to be the best person I could to help everybody,” he said.
