The security guard then left the scene without ever providing assistance.
I find the security guard’s conduct (and frankly everyone standing around) to be shocking and disgraceful. I cannot imagine coldly videotaping such a struggle while an officer calls for help. However, unlike police officers who are expected to act even when off-duty in the face of crime, this is a private security guard. Is it fair to fire someone for failing to be a good Samaritan or put themselves at risk when they are off duty? This is not to say that the company cannot fire an at will employee for “good cause, bad cause, or no cause at all.” However, we have previously discussed the firing of employees for exercising their free speech or associational rights outside of their employment. Is an employee, even a security officer, required to be brave or selfless in their personal lives?
What do you think?