Employee pranks Manager with Airsoft Gun
I am a manager at a small corporate company. One of my employees pulled a gun on me randomly and looked and seemed completely serious about wanting to rob me. He put the gun away and walked away when I told him I didn’t have anything on me. I quickly called the police, and when they got there they told me that it was an Airsoft gun and not an actual handgun. In the moment, I couldn’t tell the difference due to him jamming in my stomach and not showing me the bright orange tip of it. It was very real and terrifying and I honestly thought I was going to die. According to him, it was just a prank. It wasn’t very funny to me.
After speaking with several members of the corporate office, a decision was made to terminate the employee. Today, however, one of our regular customers had approached one of my employees and asked them if “they were the one that got <employee> fired”. They told them that the employee got fired due to them doing something stupid and didn’t say anything more on the subject.
The employee in question has been to jail before for aggravated assault, and so I had no doubt in my mind in that moment that everything was real and happening. Now I’m doubting that I can count on my own safety while I’m at work due to the employee telling people that someone “got him fired”. It is conceivable that this employee has contacts out there that could make me disappear.
Am I being paranoid? Am I overthinking it? What can I do? Is there anything that my workplace can or should do?
Jobadvisor
I want to start by validating your reaction: You are not being paranoid. What you experienced was not a "prank"; it was a simulated armed robbery and a physical assault. In the eyes of the law and psychology, the fact that the gun was plastic is often secondary to the fact that you had a reasonable fear for your life. That is a traumatic event, and your brain is currently in a state of hyper-vigilance to keep you safe.
Here is a breakdown of how to handle the safety concerns and what your company owes you in this situation.
1. Immediate Safety & Legal Steps
Because this individual has a history of aggravated assault and is now framing himself as a victim to customers, you should take the following steps immediately:
File for a Restraining Order: Contact your local courthouse. Since there is a police report from the incident, you have a strong paper trail. A Workplace Violence Restraining Order (or a personal Order of Protection) can legally bar him from coming near the premises or your home.
Police Follow-up: Ensure the police report is filed as Assault or Brandishing, not just a "disturbance." If he is on parole or probation for his previous aggravated assault, this "prank" is likely a massive violation that the authorities need to know about.
Documentation: Keep a log of what the customer said and any other third-party comments. This establishes a pattern of him "inciting" others or hovering around the business through proxies.
2. Workplace Responsibility
Your employer has a "Duty of Care" to provide a safe working environment. They have already done the right thing by terminating him, but their job isn't finished.
Enhanced Security: Ask Corporate to fund immediate security upgrades. This could include:
Changing the locks/keycodes immediately.
Installing or upgrading security cameras.
Hiring a temporary security guard if the threat feels imminent.
Installing a "panic button" at your desk or via a wearable device.
Customer Communication: Management should have a script for when customers ask about him. "He is no longer with the company, and we cannot discuss personnel matters" is the standard, but staff should be instructed to report to you immediately if any customer seems to be "scouting" or acting as a messenger for him.
Safety Escorts: You should not be walking to your car alone at night. Ensure a policy is in place where you are escorted by another staff member or security.
3. Addressing the Trauma
You mentioned feeling like you were going to die. That doesn't go away just because the gun was Airsoft.
Worker’s Comp/Counseling: Since this happened at work, you may be eligible for Worker’s Compensation to cover trauma counseling (specifically for PTSD).
Don't Downplay It: Stop calling it a "prank." Using the word "prank" gives him a defense. In your mind and in your speech, refer to it as "the assault" or "the incident." This helps others—and yourself—recognize the gravity of the situation.
Comparison: Prank vs. Threat
| Feature | A "Prank" | What Happened to You |
| Intent | Mutual laughter | Power and intimidation |
| Consent | Implied social bond | Non-consensual threat |
| Outcome | Momentary surprise | Fear for life / Potential PTSD |
Do I have a case for unlawful termination.
I have been with the company 30 plus years. Always had great performance reviews and never fell below expectations. Well like and respected by everyone.
My company recently used DPA system to monitor keystrokes. While doing non-computer work, I press down a key to prevent logging off. This action alerts their systems and I was terminated without any warning. The reason for my termination was “work avoidance” even though I have always meet/exceed my job expectations.
I was planning on retiring soon but would have liked to go on my own terms. When HR brought me into a meeting, I had told her I did it to prevent my screen from logging off while doing non-computer work. After HR dropped off the call, my immediate manager said I could get a verbal warning and none of us didn’t think I would be terminated.
Do you think that I would have a good case for unlawful termination?
Jobadvisor
I am so sorry you are going through this. After 30 years of dedicated service, being terminated so abruptly—especially when your manager seemed to be on your side—is incredibly jarring and painful.
Whether you have a "good case" for unlawful termination depends heavily on your location and the specific terms of your employment. Here is a breakdown of the legal landscape and the factors that will influence your situation.
1. The "At-Will" Hurdle
In most U.S. states, employment is "at-will." This means an employer can fire you for any reason (even a petty or unfair one) or no reason at all, as long as it isn't illegal (such as discrimination based on age, race, or retaliation for whistleblowing).
The Company's Argument: They will likely argue that using a "key jiggler" or holding down a key constitutes "falsification of work hours" or "circumventing company security/monitoring protocols." Even if your performance was great, they may label this as a "conduct" or "integrity" issue, which often bypasses the need for a performance improvement plan or warnings.
2. Potential Legal Angles
To win a case for wrongful termination, you usually have to prove the "work avoidance" reason was a pretext (a cover-up) for an illegal motive.
Age Discrimination (ADEA): Since you mentioned you were "planning on retiring soon," a lawyer would look to see if the company used this minor infraction as an excuse to get a long-tenured, higher-paid employee off the books before retirement.
Question to ask: Are younger employees who do the same thing being fired, or are they given warnings?
Breach of Implied Contract: After 30 years, do you have an employee handbook that promises a "progressive discipline" policy (e.g., verbal warning, then written, then firing)? If the handbook mandates a warning for first-time policy violations and they skipped it, you might have a claim.
Covenant of Good Faith and Fair Dealing: Some states (like California or Massachusetts) recognize this.
1 It argues that firing a 30-year employee over a minor technicality just to avoid paying out retirement benefits or a pension is an act of "bad faith."
3. Key Evidence to Gather
If you decide to consult an attorney, they will want to see the following:
Performance Reviews: Your history of "exceeding expectations" proves that your "work avoidance" (as they call it) did not actually result in a loss of productivity.
The Manager’s Statement: The fact that your direct manager expected only a verbal warning is very helpful. It suggests the punishment was disproportionate to the "offense."
The DPA Policy: Did the company clearly state that using a key-press to keep a screen active was a fireable offense?
Comparison of Outcomes
| Factor | Strengthens Your Case | Weakens Your Case |
| Tenure | 30 years suggests a high "duty of care" by the employer. | Does not technically protect you in at-will states. |
| Manager Support | Manager agreed it was a minor issue. | HR/Legal often has the final "at-will" authority. |
| The "Offense" | You were doing actual work (just non-computer work). | System manipulation is often viewed as "dishonesty." |
| Age/Retirement | Being close to retirement may suggest age bias. | Must prove retirement age was the actual reason. |
Next Steps
Because of your 30-year tenure and the potential loss of retirement benefits, the stakes are very high.
Do not sign any severance agreement yet. Signing often waives your right to sue.
Request your full personnel file. You are legally entitled to this in many states.
Consult an Employment Attorney. Many offer free initial consultations. Specifically, ask them about "Age Discrimination" and "Breach of Implied Contract."
Got written up because I didnt memorize the new POS system on my own time
So apparently its my fault that I rang up a customer wrong the other day because I "should have studied" the new register system we got. My manager literally told me during my shift that I was expected to learn it at home since the tutorial they gave us wasnt enough.
Like excuse me? You want me to sit at home watching training videos for a register system on my personal laptop for FREE? I've been working here for a while at a retail store and suddenly Im supposed to be doing homework for a job that barely pays enough to cover rent. The kicker is that half the buttons on the new system dont even work right and our manager knows it but corporate wants us to use it anyway.
I tried explaining that I have other stuff to do when Im not at work and thats how I'm able to even have some money aside instead of spending every free minute thinking about this place. She just gave me this look and said "well other team members found time to practice" like okay cool maybe they dont have lives outside of scanning groceries.
Im so tired of this expectation that were supposed to be available 24/7 mentally and physically for jobs that can replace us in a week.
Jobadvisor
That sounds incredibly frustrating and, frankly, quite unfair. There is a massive disconnect between corporate expectations and the reality of working a retail job.
To be clear: In the United States, under the Fair Labor Standards Act (FLSA), your employer is generally required to pay you for time spent in training.
If the training is mandatory, directly related to your job, and performed for the benefit of the employer, it is compensable time. Asking you to "study" at home for free is often a violation of labor laws.
The Reality of the Situation
It sounds like your manager is using "peer pressure" (mentioning other team members) to normalize unpaid labor. Here is a breakdown of why their stance is problematic:
Wage Theft: Forcing hourly employees to work (or study) off the clock is a form of wage theft. If corporate requires you to know the system, they are required to provide the hours for you to learn it.
The "Work/Life" Boundary: You are exactly right—your time outside of your shift belongs to you. Using your personal laptop and electricity to learn a company system for free is an overreach.
System Issues: Expecting you to "memorize" a system that you already noted is glitchy or has broken buttons is a recipe for failure. No amount of "homework" fixes hardware that doesn't work.
How to Handle the Write-Up
Since you’ve already been written up, you want to be strategic about how you protect yourself.
Read the Fine Print: When you sign a write-up, you are usually acknowledging you received it, not necessarily that you agree with it. If there is a "comments" section, write: "I disagree with this assessment. Training was not provided during paid working hours, and I am not required to perform unpaid work off the clock."
Request Paid Training: Next time the manager brings it up, you can say: "I’m happy to master the new system. When should I clock in to complete the training videos at the store?"
Check Your Employee Handbook: Look for the policy on training. Most corporate retail chains actually have policies forbidding off-the-clock work to avoid massive lawsuits. Your manager might actually be violating corporate policy.
Keep a Paper Trail: Keep a copy of that write-up and any texts or emails where the manager tells you to "study at home." These are gold if you ever need to file a claim with the Department of Labor.
Comparison: Paid vs. Unpaid Training
| Scenario | Must be Paid? | Why? |
| Mandatory POS Tutorial | Yes | Required for your job duties. |
| "Studying" at Home | Yes | If the employer mandates or pressures it, it's work. |
| Voluntary Training | No | Only if it's truly optional and not job-specific. |
It’s exhausting to feel like you’re being punished for having a life outside of work. You aren't being "difficult"; you are expecting your employer to follow the law.