27 June 2024

This Story Reads Like You Should Feel Sorry for the Business Owner

I feel sorry for the family of the dead woman. A 48-unit Subway franchisee declares bankruptcy

This is a Restaurant Business Online story, so it is not surprising that the concentrate on the business aspects. But even then, they ignore the most important lesson for a business owner. More on that below.

So the Subway franchisee, who runs 48 stores, lost a $3 million judgement in a wrongful death suit. The article above lists the problems that Subway as a whole has, and more details on this business in particular.

But the situation is not just, "someone sued us, and now we have financial difficulties." Chubb: No Duty to Defend Texas Subway Franchise in Killing Case.

Marisela Cadena was employed by River Sub as a store manager at a San Antonio Subway restaurant in 2020. On February 16, 2020, Cadena’s ex-boyfriend kidnapped Cadena at gunpoint and took her to a field for several hours.

Caden reported her ex-boyfriend to the police, sought protection from the authorities via a restraining/protective order, and requested a transfer from River Sub’s district manager, Sergio Martinez. According to lawsuit against River Sub, Martinez was apparently aware of the prior kidnapping but not did transfer Cadena to a different store location.

So, he had an employee with a violent stalker, who requested a move to a different location. He denied that transfer. I am sure, though I haven't read it anywhere, that the store provided no security. Why would they?

And I found at least one story that said a Subway employee with a concealed carry permit shot a robber with a pellet gun, and no immediate mention of them losing their job. A lot of businesses want their employees disarmed, even though they provide no security.

So what is the business lesson? Don't leave your employees hanging out to dry, or you may face consequences. In this case the consequences are financial, but workplace shooters often shoot people who are not the primary target of their wrath. (The life you save may be your own.)

Personally I would like to see businesses held accountable for bad outcomes when they create defenseless victim zones. You say I can't be armed on your premises, then you accept responsibility for ensure that nothing bad happens on your premises.

In this case, the manager in question could have granted the transfer, if only for a temporary period in time until the boyfriend had been apprehended. But that would have been inconvenient for the manager, and so the woman is dead, because he couldn't be bothered to show a little human compassion.

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