BUS 415 Week 4 Discussion Question 2/ Tutorialrank
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<strong>BUS</strong> <strong>415</strong> <strong>Week</strong> 4 <strong>Discussion</strong> <strong>Question</strong> 2 (UOP Course)<br />
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Ethan began working as a printer at Bilson's Art Studio in 1996. During<br />
his employment, Ethan was a good worker, did not create any trouble,<br />
and was viewed by management as a "relatively passive personality." In<br />
February of 1999, Ethan was physically attacked by another<br />
employee, Stan, without provocation. It was not the first time Stan had<br />
attacked a coworker. Approximately eight years earlier, Stan had<br />
attacked another employee, Vu, inflicting injuries serious enough to<br />
require stitches. Both Stan and Vu continued working for Bilson's after<br />
that incident.<br />
According to Ethan, the incident at issue in this case began when Stan<br />
approached Ethan and another worker and started screaming at them.<br />
Stan then grabbed a piece of wood and began swinging it at Ethan,<br />
possibly hitting him in the arm. Stan then took up either a hammer or a<br />
box of screws and hit Ethan with it. At that point, Ethan fled the room,<br />
but Stan began following him. When Ethan was about 30 to 40 feet
away from Stan, Stan threw a box of screws, hitting Ethan in the back.<br />
At that point, Ethan stopped his flight, turned around and saw Stan<br />
holding a large metal cap. Ethan then rushed toward Stan, grabbing him<br />
in a bear hug in an attempt to restrain him. Stan immediately struck<br />
Ethan in the head with the cap, splitting the skin on his scull and causing<br />
substantial bleeding. It is undisputed that Ethan did not hit Stan.<br />
Jim Goetsch, a member of the family that owns Bilson's, interviewed<br />
witnesses, including Ethan, in the wake of the incident. There appears to<br />
have been some difference of opinion among the witnesses as to whether<br />
Ethan had intended to fight with Stan when he turned back (and just had<br />
no opportunity to strike a blow before getting clocked) or merely sought<br />
to prevent Stan from pelting him with additional objects. According to<br />
Goetsch, Ethan himself initially stated that "he got mad when he got hit<br />
with a box of screws and that he went back to fight." After hearing these<br />
differing perspectives, Jim Goetsch apparently concluded that Ethan was<br />
seeking only to defend himself in the conflict, even when he chose to<br />
turn and rush back toward Stan rather than continuing his retreat.<br />
Nonetheless, Goetsch decided to fire Ethan after hearing his side of the<br />
story, "because he did not continue to leave the scene. . . . He made a<br />
decision to go back. And that is not a decision I agreed with."<br />
Ethan sued Bilson's Art Studio for wrongful termination in a California<br />
court. Bilson's Art Studio is located in California. California law clearly<br />
recognizes the right to engage in self defense. California's constitution<br />
provides, "All people are by nature free and independent and have<br />
inalienable rights. Among these are enjoying and defending life and<br />
liberty...." Additional California's penal code makes clear that<br />
"resistance sufficient to prevent a public offense may be made by the<br />
party about to be injured." Furthermore, the concept of self-defense<br />
under California law "includes the right not to retreat from danger, even<br />
if retreat is possible and would be safer."
How would you rule in this case? Why?