I'm really sorry this happened! I admire the finesse you maintained in handling this situation. I would not have been able to keep it together.

Despite what the police say, I'd press charges. Not that I think you will get anywhere, but you will send a message and it will cost that vile waitress some money to defend herself in court. It's worth it for the headache it'd cause HER. It could also make the restaurant you shopped take you more seriously than they would if you didnt get the law involved.

I'd also take it up with corporate as well, and the DM if you can find out who he/she is. Don't just go straight to the top, try to let everyone between this manager and the heads know how he grossly mishandled this situation. And also let them know you pressed charges against the waitress and are prepared to file suit with them as well (even if you're not, just say you are). The more people you make aware of this, the more likely you are to be heard.

There's also an important secondary lesson here too:

Don't remain on scene after a shop.

It's a really bad idea to stay in your car in the parking lot after ANY shop - especially one of these "screw up and you are terminated" ones.

Just driving 1/4 mile away, parking in a well-trafficked/well-lit area, and THEN filling out your preliminary report and adjusting your route is an important safeguard for any mystery shopper.

I was on scene for about 35 seconds before she tapped on my rear window. I was not filling out shop notes. I started my car, plugged my phone in, and opened up the GPS. That's it. It's voice-enabled, and I use that feature...giving the address to the next place as I'm pulling out.

BBird,

What happened to you is awful, and I hope that you are compensated for the damage to your car.

That being said, 35 seconds is about 34 seconds longer than I would stay in a parking lot after an employee was just terminated on my say-so. People are stark raving nuts at times, and with so many guns floating around in the USA, it might be lucky that all she had at hand to attack you with was a chunk of landscaping rock.

Edited to add: I am sitting here at a wine bar with a friend of mine who is a police officer. We just discussed this scenario, and she (a 20-year veteran) said that we are, frankly, "nuts" to do this precise scenario. Having an employee fired on the spot, having us still on-premises as the bad news is given: it is a volatile and dangerous situation (her words, not mine.)

There is a reason why security is called, if available, when an employee is fired from an office. Emotions are running high and the potential for violence is likewise high.

I have done over 20 of these shops with my 22-year old daughter, and I have never thought about how much potential danger there actually is in this shop. Definitely rethinking things now...

BBird0701 Wrote:
-------------------------------------------------------
> I was on scene for about 35 seconds before she
> tapped on my rear window. I was not filling out
> shop notes. I started my car, plugged my phone in,
> and opened up the GPS. That's it. It's
> voice-enabled, and I use that feature...giving the
> address to the next place as I'm pulling out.

Edited 2 time(s). Last edit at 09/07/2014 12:48AM by ColoKate63.

How awful.

If it were me, I most likely be a bulldog. First, I would advise the MSC of my intention to pursue. Next, I would re-approach the manager advising him of my course of action. If he balks, I would escalate to the corporate level. I suppose you do not have contact information for the server, but regardless, as leverage with all involved, vandalism charges would be mentioned. It is indeed worthy of a police report, which costs you nothing, and establishes a record. Small claims court may be the final recourse, or alternatively, a local news station with a reporter who protects the little guy, exposing Corporate.

Who does or does not get terminated would be of no consequence to me.

The 35 seconds included the walk to my car. Like I said, I was on scene for about 35 seconds following the manager interaction. I was physically in my car for all of about 8-10 seconds before I heard the rap-tap-tap on my window. Either she was parked near me, or she followed me out. I was there about 1 1/2 minutes longer than that before she vandalized my car, but she was standing behind my car, taking pictures and demanding that I get out and talk to her, and there was no way I could back up without hitting her.

Further, she was not fired on my say-so. The manager told her to divide her tables between Employee One, and Employee Two, and go home. He then said "I'll deal with you later." I have that on audio. She was not fired.

In 35 seconds, I walked to my car, unlocked it, got in, closed the door, started my car, and plugged my phone in, switching on the GPS while doing so. I released my e-brake, and was about to check my rearview to back up, when I heard the tapping. Exactly how much time did I waste? One second? Two? I applaud you for being able to make it to your car, unlock, start it, release your e-brake, check your rearview, and back up, all in one second, but me... I don't possess super-human powers like that.

I wasn't sitting around checking emails or playing Candy Crush, just waiting for my car to be vandalized, believe me. I had places to be and had promised my husband I would be home as soon as possible. I didn't have time to waste, and I didn't waste time there.

That being said, what's the important primary lesson, please, if that was the secondary?

BBird0701 Wrote:
-------------------------------------------------------
> The 35 seconds included the walk to my car. Like I
> said, I was on scene for about 35 seconds
> following the manager interaction. I was
> physically in my car for all of about 8-10 seconds
> before I heard the rap-tap-tap on my window.
> Either she was parked near me, or she followed me
> out. I was there about 1 1/2 minutes longer than
> that before she vandalized my car, but she was
> standing behind my car, taking pictures and
> demanding that I get out and talk to her, and
> there was no way I could back up without hitting
> her.
>
> Further, she was not fired on my say-so. The
> manager told her to divide her tables between
> Employee One, and Employee Two, and go home. He
> then said "I'll deal with you later." I have that
> on audio. She was not fired.
>
> In 35 seconds, I walked to my car, unlocked it,
> got in, closed the door, started my car, and
> plugged my phone in, switching on the GPS while
> doing so. I released my e-brake, and was about to
> check my rearview to back up, when I heard the
> tapping. Exactly how much time did I waste? One
> second? Two? I applaud you for being able to make
> it to your car, unlock, start it, release your
> e-brake, check your rearview, and back up, all in
> one second, but me... I don't possess super-human
> powers like that.
>
> I wasn't sitting around checking emails or playing
> Candy Crush, just waiting for my car to be
> vandalized, believe me. I had places to be and had
> promised my husband I would be home as soon as
> possible. I didn't have time to waste, and I
> didn't waste time there.
>
> That being said, what's the important primary
> lesson, please, if that was the secondary?


For me the primary lesson would be not to do those types of shops, they should not be done as revealed shops it just doesn't seem safe. I'm sorry for what happened to your car, I agree with the poster that said to take it to small claims court, but you are lucky, she could have had a gun. I think that they need to stop making those shops revealed if the managers can't have enough decorum to wait until the shopper has left before firing the employee. Again, sorry about your car, glad that you are safe.

BBird,

Look, I know you are angry and upset. I feel sorry for you. It sucks, it brings up a lot of issues that none of us have considered before.

But you originally said that you "were pulling up your route" in the car and that you "rolled down your window" to talk to the waitress - that put you in danger right there. What if she had a gun, or smashed you in the face with the rock with your window down?

I do some cable signal fraud shops where I have to enter a bar or restaurant that is stealing signal, make observations, and take covert video.

I've always got my car pointed out of the parking spot on those shops, in case I need to get the heck out of Dodge.

We should do that on these shops if (and that is a BIG if) we do choose to do them in the future.

Primary lesson? For me, we will do the age compliance shops that are a bit safer and don't involve interacting with any of the staff on premises.

Edited 1 time(s). Last edit at 09/07/2014 01:10AM by ColoKate63.

BBird - I am glad you are ok. You are brilliant in the fact that you have everything recorded. Please keep us in the loop and it sounds like you have gotten at least 2 people fired today. I tend to think that the MSC probably won't do anything for you, but I'm willing to bet the client will take care of you. If not, social media is very powerful. Have a great rest of your weekend =)

Maybe I phrased it badly. I was very upset when writing my initial post. I started my GPS... that was my only moment of wasted time.

Yes, I rolled down my window. To tell her no, I am not getting out of my car, and to move so that I could back up. I then rolled it back up. She then started taking pictures of my license plate and car on her phone. That lasted for approximately 1 1/2 minutes, and then I heard scraping on my car.

Yes, that makes more sense. The way it was originally written, it sounded like you were pulling up the rest of your route, which could take several minutes to get wifi, pull up Google maps, etc.

I don't roll down my window for anyone except for cops and Starbucks dive-thrus. And to whistle at tanned, well-built construction workers. :-) But I was born and raised in Detroit, so probably would have backed over that crazy waitress, too....

@BBird I don't think you should be blamed at all. I don't care if you were in the car 10 minutes, that lady was a raving psycho. She needs to be in psych ward, not a restaurant. Everyone we shouldn't blame the victim because of one looney. You handled everything brillantly. I hope you get what you are owed and more.

No, I said I started pulling up directions to my next shop..i.e. booting up GPS. Looking at it now, it was worded badly. I never thought anyone would take it as I was sitting there planning a route. Guess I just wasn't thinking clearly when I posted.

I've done probably close to 1000 alcohol compliance shops, maybe even more. Most are unrevealed. Probably 1/4th have been revealed, and out of those, I think 4 or 5 managers jumped the gun and confronted the waitress or bartender while I was still on site. This is only the second time I have been confronted. The first, she just yelled at me and started crying.

I think it's important for training purposes, that they are made 100% compliant on the policy that confrontation/termination is done after the shopper has left the premises.

I also think any damage done by their employees on their property while that employee is still on the clock, is their responsibility. If I'd been cracked in the face with a wayward plate by a clumsy employee, and chipped a tooth, I'd expect the restaurant to pay for repairs. I don't see this any differently, shop or not.

I have had three parking lot incidents. One was bar compliance for cash integrity. No clue why, but the bartender suspected me, and told the manager, who hawked us til we left. After we were in the car, he came out of the restaurant, walking past and peering in the windows. I locked the doors. No notes were being taken, no electronics were in view, nothing. We avoided eye contact with the manager and drove away. I submitted my report, then reported the to the MSC, who took care of me, and headed off the possibility of me being identified. Second incident, an employee was returning carts to the store, stopped to chat with someone, and the carts rolled into my car. The store paid for the repair, no muss no fuss. The third incident, I was in a store, and heard a page for the owner of my car to go to the parking lot. Of course, I knew what had happend. A big old truck had backed into my car. At least he was honest and while it was on private property, we called the police, then let insurance companies hash it out.

Primary lesson - protect yourself. Secondary - protect your property.

BBird0701 -
Glad you're OK. You handled yourself way better than I would have.
Your insurance company should have some guidance for you. I would think that they'll have you get an estimate and pay you the bucks over your deductible. They'll then pursue reimbursement from the client or the client's insurance company for the total cost of repairing the damage including your deductible which they'll then give to you if they receive payment.

I am reminded of something that happened to me many moons ago, when I was young and single. I drove to my house late one night, and pulled into the garage. Didn't have an automatic garage door opener, so the garage door was open. After pulling into the garage, an unknown car with two guys in it pulled up to my garage, blocking my exit. I didn't want to get out of the car to close the garage door. Sat there and pondered. This was before cell phones, or I could have called 911. If either guy had gotten out of the car to approach me, I was fully prepared to put mine into reverse make noise, and do some damage. Instead, I turned on my flashers and laid on the horn. Didn't take long til they drove away. I drove to the police station and asked to be escorted back to my house. The police assured me they would patrol my neighborhood, that night, the next and the next.

The waitress could pay a licensed private investigator to run your license plate number, they have legal access to these databases.
In some states like NY, DMV info is a matter of public record and available to anybody completing a form and sending in a small fee. BUT...if she used this info to contact you, then federal law would be violated.

In fact, NY State DMV has along standing practice of selling their driver and registration data to private firms such as marketers, CARFAX, etc.

The police report of this incident with your name and address in it would not be a matter of public record.

elcarev68 is right. Get your insurance company involved. You will get an estimate, and a body shop estimate (which you're entitled to) will likely be a lot higher than a bottle of rubbing compound from Autozone. If the estimate from the body shop is $300, your deductible is $250, and the rubbing compound is $15.95, they should give you the $50 and you can either use the body shop or do it yourself or let it stay scratched and keep the $50. If they collect from the bimbo, you may get the other $250.

Vandalism should come under your comprehensive policy, not collision, in case the deductibles are different.

BBird0701, That was pretty scary and you'll end up wasting time pursing reimbursement and getting the car fix. You handled yourself as best as you could at the time. Hindsight is 20/20, right? We could all learn from your situation. I hope you get a satisfactory resolution.

Mert, That's a good idea. If I find myself in a situation where I feel threatened, laying on the horn would bring a lot of attention. I'll have to remember that one.

Uh, duh . . . The employee was angry with you and vandalized your car because??? Is your vehicle insured for use in your business? I don't think most of us are and if it was damaged in the course of doing business . . .

Here's my take on this:

At that point he was just a civilian sitting in the parking lot. The damage did not happen during the sting, it happened afterward. Kind of like if I am at work and a coworker decided I was sleeping with her husband and followed me to my car and assaulted me after we had both punched out, I don't think worker's comp is going to cover my broken nose.

Unless we're doing a drive-thru shop or doing a delivery, we really aren't using our car for our self-employment work, we're using it to get to our self-employment work.

The driving is not part of the work because as self-employed contractors we are not being paid for our mileage nor drive time. So I think the insurance company would be hard-pressed to prove we were using our car in our work. The fact that the IRS allows us to deduct the mileage should have no bearing on the insurance aspect of it.

But this might be a good one to anonymously run past an insurance adjuster before filing the claim. But it seems to me these are personal vehicles, not owned by a company, and what you were doing at the time of the vandalism shouldn't change the coverage.

I wonder if any of us was an insurance adjuster in a prior life?

Flash Wrote:
-------------------------------------------------------
> Uh, duh . . . The employee was angry with you and
> vandalized your car because??? Is your vehicle
> insured for use in your business? I don't think
> most of us are and if it was damaged in the course
> of doing business . . .


What?

I got this from my favorite law site: (I had a feeling the employer will be a responsible for your car)

While you weren't injured, it still states the employer is responsible for it's "employee's acts."

***Employers, and not the employees themselves, will often be held liable for the "conduct" of their employees.

This is true even if the employer had no intention to cause harm and played no physical role in the harm.

To understand why, you have to understand two basic concepts that underlie employer liability.

First, employers are seen as directing the behavior of their employees and accordingly, must share in the good as well as the bad results of that behavior.

By the same token that an employer is legally entitled to the rewards of an employee's labor (profit), an employer also has the legal liability if that same behavior results in harm. Second, when someone is injured or harmed and needs to be compensated, who is the most likely to pay: the employee or the employer?

Fair or not, the legal system is interested in making the victim whole, and assigning liability to the employer rather than the employee has the best chance of meeting that goal. - See more at: [smallbusiness.findlaw.com]

If they don't help you, take this to small claims court

As for small claims, it varies a lot. I have heard of folks in some states that can file for $15. Here the cost is $250 to file and you are sent to an Arbitrator. I observed a bunch of arbitrations when I was thinking about getting arbitrator certification. Standard procedure was take the claimed loss + the filing fees and any other related fees. Divide by 2 and make each party responsible for half. The court then will not assist you in collecting from the other party unless you bring still another suit. It is a completely losing game here.

Now if it is a criminal case prosecuted by the State, you aren't paying the filing fees and either they settle before trial or the judge hears the case. Back in 1995 kids vandalized my house and did some $22k in property damage. In about 1997 the court was about to hear the case when they settled. There were 7 kids and 2 had squealed on the others and a third all agreed was not involved in the vandalism. The $22k was divided between the 7 kids and excused for the 2 who squealed and the third who was not involved. So the remaining 4 owed a bit more than $3k each. Two paid off in installments over a year or two and the court had determined the monthly installments. The third got taken back to court twice before he finished paying off. The fourth is still sending a $10 check every couple of months 17 years later. The monthly payment was supposed to be $100 but the court will only go back after him when he hasn't paid 'something' in 3 months.

So much for the justice system making victims whole.

You never know who you're dealing with in these situations, Many years ago a person who was fired at a place I worked broke the managers jaw during the elevator ride down to the lobby. If they see you as the one who was responsible for them losing their job they may very well come after you. Those types of shops aren't for me.

It probably will cost the company more to have a representative go to the arbitration hearing than to just pay for the damage. That's where the leverage is, with the company. It was their negligent act of firing her with the shopper still on the premises that allowed the damage to occur. It would be different if he had left and she tracked him down later.


In some places, a person who is ordered by a court to pay something and doesn't is found in contempt of court and can be jailed.

So much depends on where the incident occurred.

BBird,

Damn, Sorry to hear about this confrontation. It seems you did all you can at the time.

The only things left to do is to see how your MSP supports you and follow up with the police, and your insurance company.

Good luck.

The first thing I thought when I saw the pictures was good thing she did not write some choice words, in either case it shows they type of mental development on her part.

The second thing I thought of was Judge Judy, lol, then I remembered you'd be going on national tv. Don't think it would be worth seeing Judge Judy's reaction and verdict.

Anyway, I would too press charges too.

I pray you will come to the best decision for you.

I suggest you go to the police department or sheriff's office in the jurisdiction where it occurred and insist a report be taken. If the officer refuses, ask to speak to a supervisor. A crime was committed. I don't know what state you're in, so it could be a felony or misdemeanor. The amount of damage suffered is the total repair cost - not just your deductible. The suspect is known, you have evidence, there is no reason for them not to present it to the state for a capias.

LJ I think the police did take a report according to BBird's original post.