We’ve all read the stories where someone says no-way to a would-be robber and gets on the news. The reaction is “Yeah chalk one up for the little guy! Horray!” But is it one for the little guy, the working stiff? Or could it be one way to get fired for violating company policy that says, just give the robber the dough and let's not place the corporate assets at risk.

FACTS: The robber comes into the convenience store demanding money. Instead of following company policy and handing over the money the clerk hits the man in the head with the handle of a hammer. Funny? Amusing? Or is this  grounds to be fired?

This attempted robbery happened in Ankeny. A few weeks ago two clerks were murdered in northern Iowa. Another one occured in the Cedar Rapids area. Also I’ve a client who, while working as the night clerk in a motel was held-up and shot. He worked in Tama-Toledo area in Iowa. There are reports that this same motel was robbed more than once. Of course none of this is a laughing matter. In fact it’s about as serious as work injuries can get. There is more. I'm aware attorney Tom Wertz represented a clerk with a similar situation in the Cedar Rapids area, because his case is reported before the Iowa Industrial Commission. So why write this? Because I don't think people think through the notion that not turning over the money is somehow going to ingratiate them to the employer.

Being a convenience store clerk isn’t easy.

• Should you resist the convenience store robbery?
• If you give him the money does it encourage more robbers?
• If you don’t turn over the money and resist is it likely you will be seriously injured or killed?
• What is the company policy and is not turning over the money going to get you fired?
• Does the cost of getting shot out weigh the 10" of fame 1 in 100 might get?

Convenience store robberies account for approximately 6 percent of all robberies known to the police.4 Although this comprises a relatively small percentage of total robberies, the problem is persistent. Over the last 30 years, there has been little change in the proportion of convenience store robberies. Nevertheless, convenience stores in particular locations can be vulnerable to repeat victimization, especially those types of retailers that have large amounts of cash, low security, and few staff and customers likely to resist.5

Wertz' case is Brown v. Quik Trip, File No. 1059074 before the Iowa Workers' Compensation Commissioner. Here is the relevant part of the decision:

The events that led to this case are not seriously disputed.  On January 18, 1994, while he was working the overnight shift, a shooting occurred in which a customer was shot in the upper thigh.  Toby called the police and eventually had to go to the police station to identify pictures.  Eventually he had to testify in a court proceeding on behalf of one of the people involved.  The woman who was shot eventually sued Quik Trip.  Toby acknowledged that the offense bothered him.  There was blood everywhere – on the floor and merchandise - and he had to clean it up.  He was worried about AIDS, but did wear gloves.

A second event occurred at a different Quik Trip store on January 24, 1994.  While Toby was working with products, he was grabbed by the arm by a person and an object was stuck in his back.  The robber requested Toby to turn over all the money.  Toby thought it was a gun in his back, but never saw the object.  The robber ordered Toby to get down before he blew his head off.  Toby described how the robbery affected him.  At the time of the robbery he was worried about his kids and about getting shot.  He did not finish his shift.

DO YOU KNOW THE STORE POLICY ON WHAT YOU SHOULD DO DURING A ROBBERY?

I recall sometime ago reading where one convenience store chain company policy is to just turn over the money so that the employee and the customers aren’t endangered. That to me makes complete sense. Resisting some how doesn't seem all that smart or in the best interest of either the emplolyee or the employer. Do you know how much a workers' compensation claim costs the employer? An employees death can cost the employer in excess of $200,000. The death of a father or mother costs the family more.  In this instance the actions of the clerk worked out for the employee, but assuming the above, it would seem to have violated that company policy. Is this a reason to fire the employee? It could be. Is resisting the robbery really a smart thing to do? I'd say no. Will the employee be terminated?

Only time will tell.

To read more about convenience stores see:

• Search for convenience store clerk robbery policy.
• Video of store robberies.
• Ankeny store clerk uses hammer to thwart robber, Des Moines Register
• 2 convenience store murder trials likely to be delayed, Des Moines Register
• Convenience store slayings: Swanson’s trial likely delayed until summer, Des Moines Register
• Robbery of Convenience Stores, Guide No. 49(2007), Altizio and York
• Convenience Store Crime, Wilipedia
• Preventing Convenience Store Robbery Through Environmental Design,
• Convenience Store Robbery Videos: video, video, video, video.
• Kum & Go – the 3^rd largest private owner-operator of convenience stores in the U.S. with over 430 stores in 12 Midwestern states.
• Casey’s General Stores, Inc. – A publicly held company headquartered in Ankeny, Iowa. Casey’s has 1,542 stores in 9 states.
• 7-Eleven Convenience Stores - 7-Eleven is not only the world's largest convenience retailer, but a global icon. 7-Eleven, Inc. is the world’s largest convenience retail chain. Based in Dallas, Texas, the company operates, franchises and licenses close to 7,100 stores in the U.S. and Canada. Of the 6,000 stores the company operates and franchises in the United States, more than 4,700 are franchised. 7-Eleven master franchisees, licensees and affiliates operate more than 32,000 7-Eleven and other convenience stores in countries including Japan, Taiwan, Thailand, South Korea, China, Hong Kong, Malaysia, Mexico, Singapore, Australia, Philippines, Indonesia, Norway, Sweden and Denmark. To customers everywhere, 7-Eleven is synonymous with convenience and innovation.
• Quik Trip - We have over 550 convenience stores, all open 24 hours a day, 365 days a year and no store is franchised. Each QuikTrip convenience store meets our standards for variety, fairness, and service. Every convenience store is compulsive about getting things right, which is why annual sales have reached over seven billion dollars and why our convenience stores are on the Forbes List of Privately Held Companies.