San Francisco, CA asked in Employment Law for California

Q: I am worried for my safety and my retail job due to heavy shoplifting and my work has done nothing.

I work at well known make up retailer. We have people coming in to steal every day and our company does nothing to stop it. We are forced to let them in, watch the harass customers and employees, and feel in danger the whole time. This has caused me severe emotional distress. With covid, we keep a line to limit the number of customers and I’m terrified while I’m out there, knowing they can come at any minute to steal, and I am forced to let them in. We will even get in trouble if we call the police, except if they have a weapon. Do I have any grounds for a lawsuit? This has been going on for the 4 years I’ve worked there but gotten worse since covid. Thank you

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3 Lawyer Answers
Haleh Shekarchian
Haleh Shekarchian
PREMIUM
Answered
  • Beverly Hills, CA
  • Licensed in California

A: You could make a psych worker’s compensation claim. You should report it to your supervisor and hire a worker’s compensation attorney ASAP.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: No, you cannot sue your employer because of the nature of your customers or its position on allowing them to shoplift. Your exclusive remedy for any injury caused to you by your employer is the workers compensation system. Additionally, you are an at will employee meaning you have the right to leave at any time. Given this environment it would seem to make sense for you to look for other employment.

Good luck to you.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: You should sit down with a Workers Compensation lawyer to discuss your situation and the applicable options.

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