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Perry Tole, the man involved in the stabbing incident with former NFL quarterback and Fox football analyst Mark Sanchez on Sunday, might be in some trouble with his employer. That’s because when he pulled a knife on Sanchez he may have violated of a strict policy of his employer, Restaurant Technologies.
The 69-year-old delivery driver, who has already filed a lawsuit against Mark Sanchez (and Fox) over the incident, was not allowed to be in “possession of weapons while performing work duties or on company property,” according to the delivery company’s rulebook.
Restaurant Technologies told TMZ, “As this is an active ongoing investigation, we have not made any determination if action in regard to that policy is applicable, or would be applied in this situation. Our priority is the health and recuperation of our employee.”
The company added that it will be offering Tole, who has reportedly been released from the hospital, their “support and will be determining what is needed in the days and weeks to come.”
Both men were hospitalized
“Right now he’s having a real difficult time communicating because of the large gash on his face that affected his jaw, tongue, and mouth,” Perry Tole’s attorneys Erik May and Eddie Reichert told TMZ. “He’s just at home resting, but we expect further medical treatment and ongoing treatment well into the future.”
Mark Sanchez, on the other hand, was also hospitalized after the incident, is, according to his brother Nick, “under medical care for the serious injuries he sustained and is focused on his recovery as the legal process continues.” Sanchez has already entered a plea of not guilty to charges of battery involving serious bodily injury, unlawful entry of a motor vehicle, and public intoxication.
Why is Fox being sued over Mark Sanchez incident?
According to former attorney Mike Florio of Pro Football Talk, “Companies typically aren’t responsible for the criminal misconduct of their employees when it occurs beyond the scope of the employment. And no one’s ever going to argue that Mark Sanchez did this while actually on the clock for Fox. He was in town on Fox business. And it’s entirely possible that before the incident, Sanchez, who was allegedly intoxicated to a significant degree, it’s possible he was at some event with his Fox colleagues. A little team-building, little bonding, little dinner, little alcohol, or a lot as the case may be. And you know, you got to think about it in very pragmatic terms. Fox takes employees into communities throughout the country. And there’s a basic duty of care that you are bringing individuals into these communities who are not going to wreak havoc when they get there.
“So the question becomes, I think, now I haven’t researched Indiana law, which is a fancy way of saying I don’t know, but every state has its own laws and standards for what it would take to make an employer responsible for the off-duty misconduct of an employee who’s traveling on business and maybe was just coming from a business-related event where he was over-served and it wasn’t noticed and the person wasn’t properly delivered back to wherever he was staying. It’s kind of a dram shop theory where you can see liability for bars for for giving too much alcohol to somebody who shouldn’t get it.
“In this case, the argument is Fox knew, or the argument will be Fox knew or should have known that Mark Sanchez, number one, has the propensity, if he does – I don’t know if he does – but the argument will be potentially he’s got the propensity to get drunk to the point where he would create issues with others and he’s done it before. That would be what you try to explore in the discovery process. And the more specific argument would be he was drunk that night and none of his Fox colleagues did anything to keep him from being set loose on the streets of Indianapolis.”