Hayley Franken works at Big Burger after school and on weekends. With her heavy course load, her job and being on the basketball team, Hayley finds that she is simply worn out most of the time. She has said to her manager at work, "Sometimes I am not
even sure how I drive myself home because I want to sleep so much." Hayley worked a double shift at Big Burger and did not leave until 2 AM, 4 hours beyond her usual quitting time. On the way home, she apparently dozed off and struck another car head-on and was killed. Her parents are suing Big Burger for wrongful death. Discuss the liability issues.
Traditionally, employers are not liable for accidents caused by employees on their way to and from work and so Big Burger is not liable. However, there have been some newer cases, as the McDonald's case in the book illustrates, to hold employers liable when they are aware that employees are tired and need help getting home.
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