Question

1. You run a restaurant. Today was a particularly tough day, with the following events occurring:

   12:00 PM       While performing the Heimlich maneuver on a patron whom she thought was choking, an overzealous waitress broke three of his ribs. It turns out the man was merely coughing.

   1:00 PM         You read a letter you received from the EEOC stating that a former waitress has filed a complaint against the restaurant for unlawful racial discrimination. You remember she was fired several months ago for performance issues, but have no documentation in her file.

   2:00 PM         Your best waiter started wearing a button on his apron that says “Indivisible Under GOD.” You told him it was inappropriate, and to take it off. He refused, and said he would sue if he could not wear it.

   5:00 PM         In reviewing the day’s computer records, you came upon an email sent by your sous chef to his girlfriend, on his personal account, detailing his intention to begin going to Alcoholics Anonymous meetings again. You confronted him, and when he admitted he is an alcoholic, you fired him.

   Discuss, the different potential torts or crimes in each situation. Name the tort or crime and its elements. Based on your readings, what potential liability exists for each event and what defenses, if any, exist? Identify the employee issue in each of the events; and describe what, if anything, you think you should do in response to each event, and explain why. Part 1 of each scenario will assess your ability to apply information to the situation. Part 2 of each scenario is looking for your strategic thinking about how to handle the situation.

2. By submitting this paper, you agree: (1) that you are submitting your paper to be used and stored as part of the SafeAssign™ services in accordance with the Blackboard Privacy Policy; (2) that your institution may use your paper in accordance with your institution's policies; and (3) that your use of SafeAssign will be without recourse against Blackboard Inc. and its affiliates.

Answer 1

Answer:

In the event that occurred on 12 Pm, waitress cannot claim that it is a case of tort as it was the misunderstanding from her side that the man was choking, but rather he was actually coughing and because of this misunderstanding the waitress, on herself, broke her ribs. Even if the waitress would apply for damages under tort, person will defend himself that he was not intended to cause tort and that coughing is no offence.

In the case that happened at 1 pm, since there is no documentation in her file for her performance issues, the employer now needs to prove that she has not been fires on the basis of racial discrimination and that she was fired on the basis of performance issues. For this employer needs to bring in the evidences who would be her colleagues who would be providing the court with the insights. If the employer proves that she was fired due to her low performance, then there will be no case of tort and the case would be dismissed however, if employer fails to prove that she was fired due to her low performance, then it will be a case of tort. Under such situation, employer is bound to compensate the employee for the damages and he may be required to rehire the employee on her designation.

In the case that happened at 2 pm, since there is no harm of wearing the button by the best waiter, then it would not be treated as a tort. However, if the waiter sue the employer for not allowing his expression at work, then employer would be required to compensate for the damages to the waiter if any.

In the case that happened at 5 pm, there is no tort as it is the policy of your restaurant. If any of the employee breaks the policy, then he can be fired from his job and it would not be a case of tort as it was the mistake of the employee that he got engaged into the unacceptable act that has been prohibited in the restaurant.