Lawsuit Against Hooters??

Hooters, the famous restaurant chain was opening a new restaurant. An advertisement was inserted in the local newspaper calling for applications from wannabe waitresses. The applications were screened and some applicants were asked to appear for interviews in a trailer-office that was parked at the construction site. The manager of the new restaurant was conducting the interviews and as part of the interviews he asked the women to change into the distinctively skimpy Hooters outfit at a specially screened off area at the back of the trailer. Based on suspicions expressed by some interviewees, the police raided the trailer and seized 150 digital images of women undressing on the computer in the trailer. They had been photographed by a hidden camera operated by the manager. Hooters denies any role and claims that the manager acted on his own. Can the women succeed in a lawsuit against Hooters?

Totally. Hooters can't hire a manager to do the hiring, firing, starting of a new franchise, etc., for them, and then say they didn't know that he was doing THAT.

The law doesn't require that Hooters knew about it, only that they reasonably knew or should have known that there was a risk. I would assume they did a background check on this shady manager -- if they didn't, that makes them more responsible, and if there was something that they overlooked in his background (say, a sex offense), then that would make it worse for them, too.

That said, Hooters probably has dealt with more than one sexual harassment lawsuit in its time, and I'd imagine they have pretty good lawyers for this sort of thing. I think Hooters would have a hard time fighting it -- they'd have to prove that what the manager did was without the knowledge of anyone higher-up in the company, that it was specifically and blatantly against their policies, and that they don't have a penchant for sexual harassment.

Yes, if screening potential employees was part of his duty, the fact that he did it in a tortious manner does not mean that he wasn't acting as the agent of the company. Likewise, if someone is required to drive as part of the job, and drives negligently and hits someone, the fact that the employee is not allowed to be negligent does not save the employer. Finally, the company could be liable for negligently hiring, training or supervising the manager.

Actually, since Hooters is a franchise and anyone can pay a franchising fee and open their own store it would be hard to sue the Hooters corporation. If the manager wasn't the owner of the resturant they may be able to go after the owner of that particular franchise, but it would be hard to sue the Hooters company.

In this country you can successfully sue a cheese sandwich! Although Hooters had nothing to do with this man's behavior and had no idea what he was going to do, yes one can sue them. It is too bad the photographer isn't held accountable instead. But I guess one should sue the guy with the most money and the most to lose.

Yes they can. Hooters is responsible for hiring the creep and allowing him to take pictures of them even though they claim no responsibility. Sue them.

This is sad I like hooters. sue that pervert not hooters.But I think you have the rite to sue hooters they will probably settle out of court.

Maybe, but why should they sue Hooters? They should lock up the guy and call it a done deal.

I can't believe all the suing that goes on!

They shouldn't. It was the guy who did it. I highly doubt the CEO of Hooters or somthing set it up. That just lame.

absolutely i would think that thy would succeed i hope they get alot out of them!