A former Whataburger employee has sparked discussion after claiming they were fired following an altercation in which a man threw a drink at them.
In a video with over 26,000 views, Texas-based TikTok user @jwilbgr8 shares security camera footage of the incident.
In the clip, a customer can be seen walking behind the counter. Realizing what’s happening, several employees move further behind the counter, while one employee (@jwilbgr8) stays.
The customer can be seen saying something to the TikToker. The customer then throws a drink at him, to which the TikToker responds by throwing the second drink back and attempting to push him from behind the counter.
The TikToker and the customer scuffle, with the customer throwing a punch and the TikToker returning a punch in kind.
@jwilbgr8 So my job fired me for defending myself #whataburger #fyp #foryoupage #nolove ♬ original sound – Jwilbgr8
“So my job fired me for defending myself,” writes the TikToker in the caption.
“Felt it was safe for me and my employees period and I don’t have to explain myself,” he added in a comment. “He’s clearly in our kitchen…and in Texas if you throw a drink on someone that is considered [assault] and criminal mischief…”
A case can be made in the state of Texas that throwing a drink at someone can be considered assault.
Per Texas Penal Code § 22.01, “A person commits an offense if the person: 1. Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; 2. Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or 3. Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.”
Throwing a drink on someone may be considered assault, and in the state of Texas, one could argue that the TikToker’s retaliation fell in line with their legal ability to defend themselves.
There have been several prominent cases of people receiving punishments for throwing drinks. In 2019, a woman named Amanda Kondrat’yev threw a slushie on Congressman Matt Gaetz. This was considered an assault, and she was sentenced to 15 days in prison.
As for whether the company had the right to fire him for his retaliation, they are likely legally protected in their action.
Ephrat Livni, Esq. notes in a 2015 article on FindLaw that “you can get fired for defending yourself at work if company policy demands otherwise.” Additionally, Texas is an at-will employment state. This means that, as Employment Law firm Ross & Scalise puts it, “employment in Texas may be terminated by an employer or an employee for a good reason, a bad reason, or simply no reason at all, absent a specific agreement to the contrary.”
Regardless, users on TikTok were incensed by @jwilbgr8’s story and took to the comment section to share their thoughts.
“Good fo you for standing up for urself!!!” exclaimed a commenter. “As a former fast food worker myself we go thru A LOT.”
“I have people who constantly come in my job and harass me and they told me if I do anything to defend my self I’ll be fired,” added another. “It’s ridiculous and unfair.”
“& they’d let that shit happen 1,000x over again if they hadn’t let you go,” shared a third. “Nobody at your defense. Fuck em!”
We’ve reached out to Whataburger via email and @jwilbgr8 via TikTok comment.
