Can McDonald’s Franchisee Be Held Vicariously Liable for Employee’s Offensive Interaction With Drive-Thru Customer?

“When he issued the racial slur, he was in the middle of performing his job duties. There’s no timeout where he acts in the interest of the employer one second, and then doesn’t another second—and that’s what the defense is going to say,” plaintiff’s counsel, James Clifford, a partner of Clifford & Clifford in Portland, argued before the Maine Supreme Judicial Court Wednesday.


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