Question of the Week: The Case of the Bathing Employee

The following is based on a true story . . .

Let’s say you’re head of HR for a prominent fast food restaurant chain.

Late one Friday, you get a call from an area manager informing you that an employee apparently thought it would be a good idea to get naked and take a bath in one of the restaurant’s sinks.  Not only that, but another employee captured the entire event on video and posted it on MySpace and YouTube, where it’s already been seen by several thousand people.

The area manager forwards you a link to the video.  You watch it and are horrified.  Basically, it’s three-and-a-half minutes of a mohawked and heavily tattooed employee who calls himself “Mr. Unstable” taking a bubble bath in the very sink where the restaurant’s cooking equipment and utensils are cleaned.  Various employees can be seen milling about, including a manager who is specifically asked to check out the incident but declines to do so.  You then get a call from the health department, notifying you that they’re on the way to the restaurant to make an inspection.

What should you do first to reduce legal risk?

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For those who want more background, the news story is here and the video here.  Proceed at your own risk — it ain’t pretty.

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