In a challenging case currently being argued in the Maine Supreme Judicial Court, the question posed is whether a McDonald’s franchisee can be held vicariously liable for an employee’s offensive interaction while performing their job at the drive-thru window.
The incident occurred while the employee was at work, whereby the offensive remark was targeted at a customer. Responding to the situation, plaintiff’s counsel, James Clifford, a partner at Clifford & Clifford in Portland, contends, “When he issued the racial slur, he was in the middle of performing his job duties. There’s no timeout where he acts in the interest of the employer one second, and then doesn’t another second—and that’s what the defense is going to say.”
While the exact nature of the defense’s argument is yet to be fully disclosed, there are substantial implications for the franchise business model and vicarious liability laws, should the court uphold this argument. In a decision favoring the plaintiff, corporations and franchisors would need to revisit their employment policies, training procedures, and liability clauses to ensure a similar situation doesn’t leave them exposed to similar litigations in the future.
For more details on the ongoing proceedings, arguments, and potential implications, read the full report on theNew York Law Journal.