Super Saver is a convenience store chain. Maggie Jones is a clerk who works the night shift

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Super Saver is a convenience store chain. Maggie Jones is a clerk who works the night shift in one of the company’s many stores. She and other employees who work nights have often asked to have hidden alarms placed under the front counter in case of robberies. The company, not wanting to spend the money, has never complied with the request.

Last Saturday night, an armed robber entered the store while Maggie was working the night shift alone. He put a loaded revolved directly in her face and ordered her to lie on the floor. He then tied her hands behind her back and shouted, “One peep out of you, girl, and I’ll blow whatever brains you have right out of your head!” He then robbed the register, loaded a trash bag with cigarettes and exited the store. Maggie lay on the floor, weeping hysterically, until a customer came in a half-hour later and called the police on his cell phone. Although physically unharmed, Maggie was hospitalized overnight. At the hospital, she was sedated. Since the incident, she has been unable to work in a convenience store and has been under the care of a psychologist.

Does Maggie have a viable cause of action for infliction of emotional distress against her former employer?

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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