False Gun Rumor at Work Results in a $476,326 Verdict Against Employer
Coworkers at the Marriott Hotel in Rochester, Minnesota started a false rumor that a 22 year veteran bellhop, Jeff Moen, brought a .357 Magnum to work with him. The rumor claimed Moen intended to use the gun at a meeting with management, and intended to “blow everyone away, including himself.”
According to reports, Marriott took immediate steps to fire Moen and notified the union. They also contacted a security firm from California, who recommended they obtain statements from employees. The hotel manager interviewed employees and made notes. Upon returning to work, Moen was met by a police officer who escorted him into a conference room where he was terminated from employment.
Moen’s attorney, Mark Stephenson, conducted his own investigation and determined the rumors were much like the old children’s game of telephone, where a story is embellished and expands with each telling. The false rumors probably started when Moen commented he had bought a gun as he was an avid hunter. It then expanded to “he brought a gun” to “he brought a gun to the meeting” and finally to “he brought a gun to the meeting and intended on blowing everyone away including himself.” Moen sued for wrongful termination including breach of his union contract and defamation, and alleged the employer had conducted a faulty investigation. The jury awarded $476,326.00 representing lost wages, and past and future damage to his reputation. It appears an appeal may be on the way.
Failure to adequately investigate allegations of employee misconduct can be very costly to employers. A gun report at work must be taken seriously, but it appears here the employer jumped to conclusions which were simply not supported by facts or evidence. There is a window of opportunity to take statements and proceed methodically. Unfortunately, the facts and evidence were not discovered until trial, resulting in a very costly mistake for Marriott.
