Sharon Ellison entered a neighborhood Burger King and waited to order. After some time passed, Ellison said, “Hi, is anybody going to welcome me to Burger King? Somebody going to please take my order?” An employee explained the staff was busy with other orders and offered to take her order. The manager then walked out from behind the counter and asked, “Why is it every time you come into the restaurant, you have to make a noise?” The manager “put her hands around my neck in a semi-head lock position . . . and start[ed] shaking like three times or whatever. Then [the manager] turned loose and said, ‘Are you all right now?’” Ellison filed a complaint against BKC (the franchisor), SRH (the franchisee and restaurant operator), and the manager. The manager was an employee of SRH (franchisee) not BKC. SRH owned and operated the restaurant in accordance with a franchise agreement with BKC. The franchise agreement specified that SRH was an independent contractor and that BKC was not an employer of SRH. SRH had the sole authority over employee hiring, working hours, benefits, wages, and employment policies. Should Ellison recover against BKC?

Answer rating: 100% (QA)

Step 1 of 1 No Ms SE should not cover under BK because wh... View the full answer