Reference no: EM133608060

Problem

Scenario: Alex is a guest in the Bethlehem Lodge, a small family-owned hotel in the Adirondacks. The summer season is so busy that the Glenmont family, the owners of the hotel, can no longer keep up with all the necessary housekeeping. For the first time, they feel the need to hire help. They contact Becky's Cleaning Service, a local franchise of a nationwide chain that supplies domestic help, and enter into a contract for Becky's to supply a maid every day for the month of August. Bethlehem Lodge will pay Becky directly, and Becky will pay the maid. Knowing how picky the Glenmont family is, Becky chooses one of their best and most experienced workers, Monica, to go to the Bethlehem Lodge. Monica has worked for Becky's for 10 years and has undergone extensive "Beckyification"-she took a course in how to clean a bathroom that included instructions that on a nice day, the most efficient and time-effective way (since on most Becky's projects the workers get paid by the hour) to dry a floor was to open a window and let the floor air dry.

The first day Monica shows up at the Bethlehem Lodge, Mrs. Glenmont gives her the tour-she gives Monica specific instructions regarding what rooms to clean, when to clean them, and how to clean them. Mrs. Glenmont is particularly fussy about the bathrooms-she tells Monica that she wants the bathroom floor scrubbed and then dried with a towel. Lastly, she gives Monica a "Bethlehem Lodge" shirt to wear over Becky's shirt-the shirt is a regular T-shirt that has the words "Bethlehem Lodge-Staff" on the front.

Monica then goes on her appointed rounds, and her first room is that of Alex. She knocks on the door, Alex greets her, and then he leaves. Monica cleans the room according to Mrs. Glenmont's instructions, except for the bathroom. Instead of getting down to dry the floor, Monica mops it semi-dried, opens a window, turns out the light, and leaves the room. Alex returns from breakfast, and you guessed it, slips on the damp bathroom floor and breaks his leg.

As is the norm in the year 2006, Alex sues everyone-Monica individually, Becky, and the Bethlehem Lodge under a theory of negligence. The trial is proceeding, and everyone is claiming and crossclaiming, and counterclaiming.

Answer the following Questions

Question I. If you are representing Becky's Cleaning Service, what should you do? Has Becky breached her duty and caused Alex's injury? In a court of law, what evidence/law can you present? Is Becky guiding Monica in a proper way of training by monitoring and guiding her? Is it necessary for Becky and Bethlehem Lodge to have a contract detailing the duties and specific instructions they will be needing to follow when it comes to cleaning the bathroom?

Question II. Does Becky have any responsibility for Monica's work ethic and performance? Is Becky responsible for Alex's leg breaking? As an employer of Monica, do you think Monica should follow the "Beckyification" even though Becky should provide support, guidance, and resources to help Monica reach her goals? In the event that other methods have failed, the Beckyification method should only be used as a last resort. Ultimately, Monica's work ethic and performance are her responsibility. How does the above statement sound to you?

Question III. To what ethical conclusion should Becky come when faced with the lawsuit Alex filed against her? How likely is it that Becky will win? Why or why not? Do you think Becky should sue Bethlehem Lodge? Is there a law that governs the local franchise of a nationwide cleaning service? In the event that Alex sues Becky, what protections does she have under the law?