These are in the discussion board where
you will analyze various problems involving many ethical, legal, and operational problems
associated with the chapters. In order to do well, you will need to analyze the various issues
presented and answer each sub-question fully and with cited sources. These should look like big
essays put directly on the discussion board.
Jason is the owner of a bar called “Hoodwinked”. He has 6 employees total, only three of which are certified to serve alcohol. The employees are:
Aaron, Hannah, & Malcolm – Bartenders
Jenny, Greg, & Mynde- Servers
The bar is open 7 days a week from 2 pm to 2 am. Each shift has at least 1 bartender and 2 servers where each employee works at least 8 hours.
Business is not going great and a new bar just opened up down the street. Without providing any advanced notice, Malcolm, Jenny, & Mynde all suddenly quit and go take a job at the new bar. Jason now schedules all shifts between Aaron, Hannah, Greg, and himself, making everyone work 12-hour shifts while he searches for new employees. The search goes on for several weeks; in the third week, Hannah calls out sick with the flu, so Jason asks Aaron to take all of her shifts as well. Aaron is now working 12-hour shifts 7 days a week while Greg and Jason help as servers. One day, in the middle of the fourth week of this, Aaron tells Jason that he is exhausted. At the end of the day, he drives home and gets into a car accident killing someone in the other car. The police believe Aaron was drinking, but the breathalyzer comes up negative. Aaron simply says that he’s exhausted. He’s taken to jail and told to “get some sleep” in the cell.
The next day, Jason hires Frank and Yvette as new bartenders, and they begin working 8 hour days. Jason then receives a phone call from Aaron’s lawyer, saying that they are going to sue the bar, and Jason, for “knowingly overworking an employee and putting them in danger and for not promptly hiring any new bartenders”.
Question 1: Was Jason wrong to make Aaron and the others work those shifts? Why or why not?
Question 2: Is Jason liable for Aaron’s driving accident?
Question 3: If Greg never complains about the long shifts or being overworked, should Jason use him to show that the employees were not being overworked?
Question 4: Is Jason liable for taking weeks to hire new staff?
Question 5: Does the fact that Jason reduced the working hours for the new bartenders indicate awareness and/or liability on Jason’s part in regards to Aaron?
Question 6: What do you think Jason should do?
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