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Filed Under: camera phonesliability Companies: mcdonald's. Subscribe: RSS. View by: Time Thread. Those facts puts dealing with customers' left-behind items in the scope of employment of McDonald's workers.

That's why McD's has a policy that if an employee finds customer property that was left behind they're supposed to turn it in to management. IF this particular employee found the phone, put it in their pocket, took it home and uploaded information from it to the web then I don't see how any of that could be McDonald's fault or even preventable by them.

All that does is endanger the employee's future employment with the company. Have a Techdirt Account? Sign in now. Want one? Register here. Subscribe to the Techdirt Daily newsletter. Comment Options: Use markdown. Use plain text. Join the Insider Chat. This feature is only available to registered users. Register or sign in to use it. Sign In Register Preferences. Mon, Jun 22nd am — Mike Masnick. If you liked this post, you may also be interested in Anonymous Coward22 Jun am.

Except for one little thing: McDonalds has a lost and found policy - the recovered cell phone should have been returned to the manager on duty, who would have secured it. Failure by an employee to respect company rules is an issue. Shawn profile22 Jun am.

Which would put the employee's job at risk for not following McyD's policies, not Put McDonalds at risk don't you think? ChurchHatesTucker profile22 Jun am. The fact that the company has the rule would emphasise to this layman that the employee was acting outside the scope of employment. Would McD's be less liable if they didn't have this rule? Except22 Jun am.

If an employee is in deliberate violation of company policy, is he not then liable for his own actions? But doesn't your very statement put the responsibility back on the employee for not following the rule? However you look at it, the employee is at fault.

Gyroc22 Jun am. What you just said is exactly their point they have polices in place it was the employees fault for disregarding those policies What if the phone had been found by a random other customer? The situation could have been exactly the same, but would the restaurant have been liable? Blaming McDonald's is certainly a stretch. While they're at it why Nude mcdonalds phone camera photos sue the manufacturer of the phone.

Also, they could add Willard Boyle, George E. Fujio Masuoka and Toshiba for inventing flash memory. Or, he could sue himself for being an idiot, but there probably isn't any money in that. RD22 Jun am. They know it's a multipass. John Doe22 Jun am. If they are allowed to use the "outside the scope of employment" defense, then many, many other lawsuits would get thrown out as well. Not that it would be a bad thing. But a truck driver that gets Nude mcdonalds phone camera photos a wreck while speeding would be considered outside the scope of employment because the employee handbook forbids speeding.

An airline that crashes a plane because the pilot was drunk would get off the hook Nude mcdonalds phone camera photos drinking and flying is outside the scope of employment. So on the one hand, this defense sounds plausible, I doubt it will work because Nude mcdonalds phone camera photos the precedent it would set for other cases.

Driving a truck safely Nude mcdonalds phone camera photos not outside the scope of a truck drivers work- it is a core function of his job. The cell phone has nothing to do with what McDonald's hired him to do. Sure it does. Customers leave items behind all the time.

McDonald's has a policy about it. An employee violated the policy. Black widow porn pictures the trucker analogy fits just fine. In this case, he did the right thing and returned it. Chronno S. Trigger profile22 Jun am. Douse McDonald's have a policy about that? When I worked there we didn't. At least we didn't have anything that told us we had one or anything I had to sign.

If we found something the manager would put it in the safe, but, as far as I knew, we didn't have any official policy about that. I haven't worked there in over 20 years so I can't say for sure but I bet they do.

Heck, companies have Nude mcdonalds phone camera photos about anything and everything these days. What if a trucker that happened to stop at that McD's found the phone and uploaded the picks? Would the trucking company be liable? Making a cell phone useful is the job of LG let us assume that the phone is an LGis LG liable since making the phone usable by anyone is their job? It seems that making the company liable is a slippery slope in the other direction. DT22 Jun am.

Esp if it's found that in order to do his job, he had to drive over the speed limit, or outside of normal sleep parameters If the driver was just driving an empty truck around on his own time, that would be entirely different. DWDI22 Jun am. But if the trucker was driving a Nude mcdonalds phone camera photos truck, and cauc sed an accident then he would be outside of the scope. By stealing the phone the employee is outside the scope such as in the case of your insurance is void id you are killed while commiting a criminal act.

Unless having deviants make the Co. Anonymous Coward22 Jun pm. It's not a matter of them "getting off the hook", it's a matter of the person responsible being Firemonkey22 Jun pm. Your logic is severely flawed. No one's talking about finding a cell phone in their Big Mac. If that truck driver picked up a hooker Nude mcdonalds phone camera photos killed her, the employer would not be liable.

If the pilot punched a nun while walking through the airport, the airline would not be liable. Get your analogies straight. You beat me to it. Some guys like em big and toothless, not my taste, but i'm sure some do. Robb Topolski profile22 Jun am. McDonald's has vicarious liability Nude mcdonalds phone camera photos the acts of its employees who are acting within the scope of their employment.

McDonalds has a dining room Nude mcdonalds phone camera photos people go, sit, and eat. Sometimes, those customers leave things behind.

Is McDonald's liable for everything that happens in its restaurants? If a customer picked the phone up and uploaded the pics, is McD's liable because it happened in their restaurant or because an employee should have seen the lost item first and secured it?

I believe, at the very worst, the franchisee if this was not a company-owned store or Corporate should have fired the worker but that is where its liability ends since, ultimately, keeping a worker on staff or firing them is the only thing they have control of. If this is found to be McD's liability, there will be a spate of frivolous lawsuits filed saying that the behavior of employees of ANY employer is the responsibility of the employer. No employer will want to hire anyone anymore.

Where have you been? This is the current state of our court system. Sue the ones with deep pockets because, well, they have deep pockets. Michial Thompson22 Jun am.


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