This is an interesting case. The Birmingham News reported in its May 27 edition that Patsy Hamaker has sued her employer, the Furnace, as a result of a single car collision which occurred after work one evening. According to the article, the club encourages dancers to increase liquor sales by giving them a percentage of the drink sales. As a result, Ms. Hamaker allegedly became highly intoxicated and was allowed to leave work in that state.
Without knowing more facts, it is difficult to assess whether the Furnace would have liability in this situation. Surely, the club's owners will deny the allegations. Furthermore, even if they agree that they encouraged their dancers to increase drink sales of customers, they will most certainly argue that they do not encourage their dancers to actually drink the beverages and get drunk.
While I would not argue that this is a frivolous case, it will definitely lead to such arguments simply given the facts, and the tort reformers are probably licking their chops. They will argue that the employee should be responsible and not get intoxicated. But, this is a business which allegedly encourages intoxication because it leads to more money. Whether you approve of strip clubs or not, an employer of such a business should never allow an employee to leave work intoxicated. In fact, the employer should have a duty not to allow an employee to leave work intoxicated. This should be the case not only to protect the employee but, also, to protect the other motorists.
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The girls are breathalyzed before they leave the club each night. She left without her supervisor knowing.[x] FrivolousCase closed.I have to say that I cannot decide if it's frivolous or not. At first blush, I agreed with your position. But, if you think about the fact that this woman is attempting to make a living, albeit not in the most respectable way, and her employer is telling her to party it up so they can sell liquor and make more money, don't they have some responsibility. Of course, she could refuse and be fired, but in an "at will" state, what grounds would she have to hold them liable for terminating her? I lean your way, but it is not as clear cut to me.
Oh, all knowing Steve. What would we do without you? Because businesses and supervisors NEVER make mistakes, nor is it an unethical buisness practice to encourage employees to drink.
I personally hope they are held accountable as I've known girls that have worked at this club and they do exploit them for every dime they can get from them without caring about them at all. I've watched them USE girls at a very young age for advertising, paying them zero $ (sign here, and the guys will come in asking for you and you will make big bucks). Take a look at their website. These girls earned zero $ for several years worth of advertising thus far. When asked to be removed by one, they refused. They milk these girls for every penny, and I hope Ms. Hamaker is able to collect some $ to assist with her medical situation. People don't truly understand these thugs are out there and running businesses, taking advantage of the desperate and needy.
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