Imagine having a supervisor who defecates in a sandwich bag
and puts it in your lunch box. An employee named Bill Bailey was fired for
insubordination. In fact, he went out of his way to avoid his supervisor, Aaron
English—and in the process, he did not submit to direct supervision.
The back story? English had a long running reputation of
pranking his co-workers. English admitted in a legal proceeding that he shot
workers with a “potato gun” made out of PVC pipe, and detonated pipe bombs very close to his workers. Some of the bombs were set to explode
when his co-workers got into a work truck and turned the ignition switch on.
Bailey testified that in one instance, a bomb exploded with
enough force to buckle the hood of a truck, and the explosion damaged his right
ear.
The most offensive prank was pooping
in bags and sneaking the “joke” into employee lunch boxes. Bailey was fired shortly after he injured his back at work.
At that point, his employer argued that Bailey caused his own termination, and
moved to deny worker compensation benefits to Bailey.
Ruling for the employee, the administrative law judge said: “Considering the totality of the evidence, the
ALJ finds that Claimant did not
precipitate the employment termination by a volitional act, which he would
reasonably expect to result in the loss of employment. This finding is
supported by Employer’s … tolerance of far more egregious behavior from other
employees.”
Thanks to my former student, JA, who brought this news to my attention. And thanks to my former student, GD, for bringing a workplace defecation case to my attention in this matter: here.
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