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Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

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neener1211
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J

Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Westbury Woman Sues Babies R Us

(02/17/10) WESTBURY - A cashier is suing Babies "R" Us for $3 million over allegations the Westbury branch she works at ignored her life-threatening allergy to peanuts.

Monique Thomas says the smell alone of peanuts is enough to put her life at risk and accuses her employer of putting her life at risk not once, but twice.

Thomas was placed in an intensive care unit for two days after a customer began eating a candy containing peanuts that is sold near her register. She claims her managers trivialized her allergy and disregarded previous pleas to display the candy elsewhere.

Thomas was hospitalized for a second time recently after a fellow employee broke policy and ate a Reese's Peanut Butter Cup on the floor of the store.

Posted 2/18/10 8:49 AM
 
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Pray4Baby2010
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

if she told them about her allergy than she is 100% right and they are wrong. I was once on a JetBlue flight and a passenger had a similar severe peanut allergy and they wouldnt serve the chocolate chip cookies because they may have been made on the same machines as peanuts were shelled or something like that.

they put her at risk and now they have to pay

Posted 2/18/10 8:52 AM
 

hcsf
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by neener1211

Westbury Woman Sues Babies R Us

(02/17/10) WESTBURY - A cashier is suing Babies "R" Us for $3 million over allegations the Westbury branch she works at ignored her life-threatening allergy to peanuts.

Monique Thomas says the smell alone of peanuts is enough to put her life at risk and accuses her employer of putting her life at risk not once, but twice.

Thomas was placed in an intensive care unit for two days after a customer began eating a candy containing peanuts that is sold near her register. She claims her managers trivialized her allergy and disregarded previous pleas to display the candy elsewhere.

Thomas was hospitalized for a second time recently after a fellow employee broke policy and ate a Reese's Peanut Butter Cup on the floor of the store.




So if she worked on the LIRR and someone was eating peanuts or a peanut buttercup on the train would she sue the MTA too because they put her life at risk? If she were a cop and responded to someones house who was making cookies would she sue the PD for putting her life at risk for her nut allergy? When you work in the public sector there are many risks, if you know that you have a certain medical condition that might affect what you are doing, you might need to consider finding a job that can accommodate your needs. Will she probably win? Yes.... 3 million...probably not.....

Message edited 2/18/2010 9:15:13 AM.

Posted 2/18/10 9:12 AM
 

yourenotme
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

i saw this story on news 12 last night. this woman gave her manager a doctors note verifying her severe allergy to anything peanut related and the manager ignored it and to make matters worse, trivialized it. i hope this woman gets every dime that she is suing for and this manager should be fired.

Posted 2/18/10 9:15 AM
 

MrsRbk
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by hcsf

Posted by neener1211

Westbury Woman Sues Babies R Us

(02/17/10) WESTBURY - A cashier is suing Babies "R" Us for $3 million over allegations the Westbury branch she works at ignored her life-threatening allergy to peanuts.

Monique Thomas says the smell alone of peanuts is enough to put her life at risk and accuses her employer of putting her life at risk not once, but twice.

Thomas was placed in an intensive care unit for two days after a customer began eating a candy containing peanuts that is sold near her register. She claims her managers trivialized her allergy and disregarded previous pleas to display the candy elsewhere.

Thomas was hospitalized for a second time recently after a fellow employee broke policy and ate a Reese's Peanut Butter Cup on the floor of the store.




So if she worked on the LIRR and someone was eating peanuts or a peanut buttercup on the train would she sue them too because they put her life at risk? If she were a cop and responded to someones house who was making cookies would she sue the PD for putting her life at risk for her nut allergy? When you work in the public sector there are many risks, if you know that you have a certain medical condition that might affect what you are doing, you might need to consider finding a job that can accommodate your needs. Will she probably win yes? 3 million...probably not.....



I saw this on the news last night. Her allergy is so severe that even being in close proximity to even the smell puts her at risk of having a reaction.

She told her managers about her allergy and had worked in the furniture department to avoid having to be around the food they sell (candy bars, etc, by the register). When they wanted to put her on the register, apparently she reminded them about her allergy and they basically told her, to either do the job they told her to do, or find another job.



Posted 2/18/10 9:17 AM
 

CathyB

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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Why would she have taken a job at a store that sells products containing peanuts if she was that allergic? And even if she didn't realize at first why would she have kept a job that disregarded her health issues like that? There are plenty of stores that don't sell food where I imagine she could have worked as a cashier and the risk to peanut exposure would be minimal. It just feels to me like she wanted things to go this way so she could sue.....

Posted 2/18/10 9:18 AM
 

JennZ
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Well maybe she shouldn't work in a public place where there is chance she could be around peanuts. Maybe an office setting, or a work from home job.

I think its silly.

Posted 2/18/10 9:19 AM
 

Nifheim
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

I saw this on the news, i realize she have a severe allergy but how do you control other people? Like a worker eating peanutbutter cups - its the companies fault? Or a customer who wants to buy a peanut product? I mean unless its a 100% peanut free place its going to be hard.

I don't think she is being ridiculous though with 3MIL since she had to go to the hospital, etc.

Posted 2/18/10 9:28 AM
 

babymakes3
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by MrsRbk

Posted by hcsf

Posted by neener1211

Westbury Woman Sues Babies R Us

(02/17/10) WESTBURY - A cashier is suing Babies "R" Us for $3 million over allegations the Westbury branch she works at ignored her life-threatening allergy to peanuts.

Monique Thomas says the smell alone of peanuts is enough to put her life at risk and accuses her employer of putting her life at risk not once, but twice.

Thomas was placed in an intensive care unit for two days after a customer began eating a candy containing peanuts that is sold near her register. She claims her managers trivialized her allergy and disregarded previous pleas to display the candy elsewhere.

Thomas was hospitalized for a second time recently after a fellow employee broke policy and ate a Reese's Peanut Butter Cup on the floor of the store.




So if she worked on the LIRR and someone was eating peanuts or a peanut buttercup on the train would she sue them too because they put her life at risk? If she were a cop and responded to someones house who was making cookies would she sue the PD for putting her life at risk for her nut allergy? When you work in the public sector there are many risks, if you know that you have a certain medical condition that might affect what you are doing, you might need to consider finding a job that can accommodate your needs. Will she probably win yes? 3 million...probably not.....



I saw this on the news last night. Her allergy is so severe that even being in close proximity to even the smell puts her at risk of having a reaction.

She told her managers about her allergy and had worked in the furniture department to avoid having to be around the food they sell (candy bars, etc, by the register). When they wanted to put her on the register, apparently she reminded them about her allergy and they basically told her, to either do the job they told her to do, or find another job.






When I heard this, I thought they were in the wrong. They ignored her request to stay where she was, where it was safer. Still not safest as someone could be carrying peanut-containing food in but that's the danger she's always in with her conditon. BRU should've kept her away from the candy containing aisles as a precaution.

Posted 2/18/10 9:37 AM
 

smdl
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by MrsRbk

Posted by hcsf

Posted by neener1211

Westbury Woman Sues Babies R Us

(02/17/10) WESTBURY - A cashier is suing Babies "R" Us for $3 million over allegations the Westbury branch she works at ignored her life-threatening allergy to peanuts.

Monique Thomas says the smell alone of peanuts is enough to put her life at risk and accuses her employer of putting her life at risk not once, but twice.

Thomas was placed in an intensive care unit for two days after a customer began eating a candy containing peanuts that is sold near her register. She claims her managers trivialized her allergy and disregarded previous pleas to display the candy elsewhere.

Thomas was hospitalized for a second time recently after a fellow employee broke policy and ate a Reese's Peanut Butter Cup on the floor of the store.




So if she worked on the LIRR and someone was eating peanuts or a peanut buttercup on the train would she sue them too because they put her life at risk? If she were a cop and responded to someones house who was making cookies would she sue the PD for putting her life at risk for her nut allergy? When you work in the public sector there are many risks, if you know that you have a certain medical condition that might affect what you are doing, you might need to consider finding a job that can accommodate your needs. Will she probably win yes? 3 million...probably not.....



I saw this on the news last night. Her allergy is so severe that even being in close proximity to even the smell puts her at risk of having a reaction.

She told her managers about her allergy and had worked in the furniture department to avoid having to be around the food they sell (candy bars, etc, by the register). When they wanted to put her on the register, apparently she reminded them about her allergy and they basically told her, to either do the job they told her to do, or find another job.






I think this is where the case will be made. They knew about her allergies and told her to work in an area clearly dangerous for her.

I would love to see the exact charge, but it's not like she is suing because they refused to move peanut products from the store. That would actually be insane (as sorry as I feel for her to have such allergy!). But if she worked in a remote area from the peanuts then was told to go (at the risk of her job!) to be a cashier and they knew about her allergies, then yes, they are responsible. They allowed her to work in another section of the store clearly trying to accomodate her and the known allergy by them.

Posted 2/18/10 9:40 AM
 

GioiaMia
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by JennZ

Well maybe she shouldn't work in a public place where there is chance she could be around peanuts. Maybe an office setting, or a work from home job.

I think its silly.



Even in an office, I eat PB sandwiches all the time. We have parties with store bought food that could contain peanuts. . . I don't know what the solution is in this situation.

Posted 2/18/10 9:42 AM
 

headoverheels
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

The only thought I have is that I know her lawyer Chat Icon and seeing his pic gave me flashbacks!

Posted 2/18/10 9:44 AM
 

KateDevine
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Three million is the amount they have to file suit with, if they do less, then it restricts them to it (i.e. even if the attorney thinks they will only get $5k, they put $3mil because if they only put $5k, thats the max they can get)

Posted 2/18/10 9:50 AM
 

KateDevine
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by Tilde

Posted by JennZ

Well maybe she shouldn't work in a public place where there is chance she could be around peanuts. Maybe an office setting, or a work from home job.

I think its silly.



Even in an office, I eat PB sandwiches all the time. We have parties with store bought food that could contain peanuts. . . I don't know what the solution is in this situation.



They would tell you that you can't bring it in if they decided to hire her. They do it in preschools and daycares already.

Posted 2/18/10 9:51 AM
 

Cheeks24
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by Nifheim

I saw this on the news, i realize she have a severe allergy but how do you control other people? Like a worker eating peanutbutter cups - its the companies fault? Or a customer who wants to buy a peanut product? I mean unless its a 100% peanut free place its going to be hard.

I don't think she is being ridiculous though with 3MIL since she had to go to the hospital, etc.



Yes it is their fault, especially when she was told to work the register or lose her job! I personally would have at that point, quit then followed with a suit.

Posted 2/18/10 9:53 AM
 

MrsProfessor
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Unfortunately, with the economy being what it is, she may not have had the option of working at a place that sold no peanut products. Even Macy's now sells candy bars at the registers- I wonder if any of those contain nuts.

I don't know if they'll have a leg to stand on with the employee, but if she was made to work a register and the manager knew she was in danger, maybe she should get something.

Posted 2/18/10 9:56 AM
 

MrsPJB2007
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by CathyB

Why would she have taken a job at a store that sells products containing peanuts if she was that allergic? And even if she didn't realize at first why would she have kept a job that disregarded her health issues like that? There are plenty of stores that don't sell food where I imagine she could have worked as a cashier and the risk to peanut exposure would be minimal. It just feels to me like she wanted things to go this way so she could sue.....




ITA

Posted 2/18/10 10:02 AM
 

BaroqueMama
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it? If she was in a wheelchair, would you tell her to find a job with ramps and an elevator? I mean, come on, now. It's not like she had a reaction and sprang the news on her employer afterwards. It sounds like she was responsible and an advocate for herself and no one took her seriously. That's terrible.

Posted 2/18/10 10:11 AM
 

ave1024
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by JennZ

Well maybe she shouldn't work in a public place where there is chance she could be around peanuts. Maybe an office setting, or a work from home job.

I think its silly.




I totally agree.

I also think many (not all... many) of these peanut allergies are a little exaggerated anyways. Anyone can get a doctor's note.

Where were all these severe peanut allergy cases 20 years ago?

Posted 2/18/10 10:12 AM
 

SweetTooth
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

The fact that she asked to be placed in a section of the store where here exposure would be less risky but they ignored her requests gives her a case against them.
Carrying peanut products or another worker eating something with peanuts would not give her the right to sue.
Peanut allergies are so tough. She would really be at risk anywhere. I mean, what if she was shopping in the store and someone started eating a snickers bar or something around her?

Posted 2/18/10 10:13 AM
 

ave1024
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by prncsslehcar

I'm really shocked over the statements that she should find a job where she's not going to be exposed to peanuts. I mean, really? That's discrimination, isn't it?




No because she is an at-will employee and she chose to work there.

I believe you need to be in a protected class to have a discrimination case.

Do you think the same rules apply to somebody who wants to work at NSAL that happens to be allergic to dogs? You simply don't work there.

Posted 2/18/10 10:13 AM
 

DiamondGirl
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

In Nassau county she won't get any $$...they do no pay out for law suits (family of personal injury attorneys hereChat Icon ) and although she was in the hospital--there is no permanent injury to speak of...the courts look at "whats the damage?" maybe the employer will have to pay her hosptial but can't see more than that...

Peanut allergies can be extreme and scary but as PP said--where COULD she work that can insure there will no peanuts??? Tough situation for a person with these allergies.

Message edited 2/18/2010 10:17:06 AM.

Posted 2/18/10 10:16 AM
 

Ophelia
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

I think ultimately, their disregard is where they are wrong. they put her in a dangerous position...taking her out of a relatively safer one.

I don't think it's fair to say "why did she work there" has anyone seen the economy lately? it's not like jobs are falling out of the sky.

they tried to call her bluff and they ended up with the jokers.

the should AT LEAST be paying for any medical costs and loss of wages. and yeah, I think a penalty above and beyond that is also due. especially for the threat to fire her if she did not, in essense, willingly put her life at risk.

Posted 2/18/10 10:21 AM
 

Blu-ize
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by ave1024

Posted by JennZ

Well maybe she shouldn't work in a public place where there is chance she could be around peanuts. Maybe an office setting, or a work from home job.

I think its silly.




I totally agree.

I also think many (not all... many) of these peanut allergies are a little exaggerated anyways. Anyone can get a doctor's note.

Where were all these severe peanut allergy cases 20 years ago?




If I ended up in the ICU because of it you bet your azz I would suing and making it very public.

Not something to be taken lightly.

Posted 2/18/10 10:28 AM
 

Blu-ize
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Re: Westbury Babies 'R' Us cashier sues over peanuts-THOUGHTS??

Posted by DiamondGirl

In Nassau county she won't get any $$...they do no pay out for law suits (family of personal injury attorneys hereChat Icon ) and although she was in the hospital--there is no permanent injury to speak of...the courts look at "whats the damage?" maybe the employer will have to pay her hosptial but can't see more than that...

Peanut allergies can be extreme and scary but as PP said--where COULD she work that can insure there will no peanuts??? Tough situation for a person with these allergies.



Wait until she claims PTSD from almost dying and being in the ICU.

I doubt an attorney would take on her case if she didn't have one. There are all kinds of angles.

Posted 2/18/10 10:30 AM
 
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