A lawsuit filed by a former CVS worker alleges that she was severely assaulted while on duty in Manhattan and subsequently fired after filing a workers' compensation claim for her injuries. The complaint states that Abigail Downey, 25, was working a night shift at a CVS store in SoHo last fall when an individual began to harass shoppers.
According to the lawsuit, Downey attempted to assist a security guard who was confronting the erratic individual. The situation escalated, and Downey claims she was physically assaulted, suffering a fractured jaw that prevented her from eating. The alleged assailant then brandished a knife before being subdued by responding police officers.
Within 24 hours of filing a workers' compensation claim for her injuries, Downey was terminated from her position. The lawsuit contends that CVS cited "escalating workplace violence" as the reason for her dismissal. Downey stated that her manager criticized her for leaving work early on the night of the incident, approximately 30 minutes before her shift concluded. The manager also reportedly cited the presence of a personal taser in Downey's bag as grounds for termination, though the lawsuit asserts the taser was not used during the assault.
The lawsuit accuses CVS of operating an under-secured and unsafe store, and of retaliating against an injured employee. "Defendants chose retaliation over accountability," the complaint claims, alleging that the company prioritized protecting merchandise over ensuring the safety of its employees and customers from foreseeable violent acts. Downey described the store as frequently chaotic, with shoplifters and assailants aware of store policies that restricted employees from direct intervention.
Downey's attorney stated that the company's focus on protecting inventory over preventing assaults on employees and customers indicates a flawed set of corporate priorities. Downey has since found employment with a competitor and expressed that she would act similarly again if faced with a similar situation, emphasizing a belief that acting with humanity can lead to punishment. CVS has declined to comment on the lawsuit.