Grocery Store v. Employee

A grocery store has a staff shortage and requires employees to work extra

shifts or face penalties, including termination of employment. One of the

customers drops a jar of pickles, which shatters on the floor. No one cleans

up the mess for 30 minutes. Wes Worker slips and falls on the wet floor,

slicing his hand on the broken glass and requiring stitches. Wes is unable to

work while his hand heals so the grocery store fires him.

QUESTION #1

What tort should Wes bring against the grocery store?

QUESTION #2

What are elements of the tort you identified when answering Question #1?

QUESTION #3

Who is most likely to win the tort claim: Wes or the grocery store? What will

be the easiest element for Wes to prove? The most difficult?

QUESTION #4

What employment claim should Wes bring against the grocery store?

QUESTION #5

What are the elements of the employment claim you identified when

answering Question #4?

QUESTION #6

Who is most likely to win the employment claim: Wes or the grocery store?

What will be the easiest element for Wes to prove? The most difficult?