Anyone who browses social media can easily find innumerable examples of belligerent customers harassing employees everywhere from convenience stores to international airports. And some cross the line.
For too long, businesses responded with an iron hand to their workers standing their ground while faced with a clear and present danger. The right to self-defense somehow evaporated when they punched the time clock, and they were expected just to play the role of the helpless victim.
Being on the clock should not mean a worker cannot defend themselves
The Colorado State Supreme Court ruled on Monday that such actions cannot automatically lead to firings. The case began during the 2020 lockdowns when Westminster cashier Mary Ann Moreno courageously fought off a suspect armed with two hunting knives.
She was 72 at the time.
The perpetrator cornered the cashier behind the counter and made physical contact in the robbery attempt. She fought back to defend herself, and the frightening confrontation did not result in serious injuries.
Cashier won a significant legal victory for Colorado workers
Circle K management decided that she had broken the “Don’t Chase or Confront” company policy and terminated her employment.
Moreno fought back in court as well, arguing that she, as a Colorado citizen, had the right to defend herself under the state constitution. U.S. District Judge Nina Y. Wang paused proceedings to ask the state Supreme Court to weigh in on self-defense laws.
Justice Maria E. Berkenkotter wrote for the majority in the 5-2 decision.
“The employment relationship should not be used to strip workers of the ordinary legal privileges every person possesses,” she explained. “The right to self-defense has never been cabined by role or location…Rather, the right followed the employee from home to work and back and everywhere in between.”
The ruling means that, despite corporate pushback, if a jury determines that the worker’s actions were “lawful and necessary,” the worker is protected from termination.
No one is saying employees should go Rambo on a Twinkie thief. But workers have the constitutional right to defend themselves from harm, and this ruling may influence the fight against similar laws elsewhere.
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