This seems to be an abuse of the Bankruptcy system and nothing more.
A 14 year old employee was raped by a former manager, resulting obviously in a massive civil lawsuit against the franchisee.
I don’t see any legitimate bankruptcy here, what I see is yet ANOTHER abuse of the bankruptcy system to try to dodge a civil lawsuit, i.e. Boy Scouts and Catholic Church, ad naseum.
We need to reform the bankruptcy system to disallow bankruptcy as a tool to dodge civil lawsuits. If this girl wins, she should get as much of her judgement as she can drag out of this franchisee and if they can’t do that, she should be give sole ownership of the franchisee, all 8 stores.
Does it really serve justice to punish the owner for the criminal action of an employee? I don’t blame them for filing bankruptcy. There is no way they could have known or prevented this outrageous crime. That is what the criminal courts are for.
One could argue the victim is double dipping the system by going after deep pockets.
has been defending itself in a lawsuit filed in 2021 by a 14-year-old girl who was raped in the bathroom of one of the locations by a manager, Walter Garner, who would plead guilty. Garner was hired despite a 2003 conviction for indecent assault involving a 10-year-old girl.
If they ever refused to hire anyone for any criminal background reason, but then they hired this guy and put him in charge of teenagers . . . it’s actionable.
Racial and ethnic disparities are reflected in incarceration rates. According to the Pew Center on the States, one in 106 white men, one in 36 Hispanic men, and one in 15 African American men are incarcerated.5 Additionally, on average, one in 31 adults is under correctional control (i.e., probation, parole, or incarceration), including one in 45 white adults, one in 27 Hispanic adults and one in 11 African American adults.6 Racial and ethnic disparities may also be reflected in other criminal history records. For example, although African Americans constitute approximately 13 percent of the overall population,7 they account for 28 percent of those arrested8 and almost 40 percent of the incarcerated population.9
In light of these racial and ethnic disparities, contractors should be mindful of federal antidiscrimination laws if they choose to rely on job applicants’ criminal history records for purposes of employment decisions. Hiring policies and practices that exclude workers with criminal records may run afoul of such laws, which prohibit intentional discrimination on the basis of race, national origin, or other protected bases, and policies or practices that have a disparate impact on these protected groups and cannot be justified as job related and consistent with business necessity. Policies that exclude people from employment based on the mere existence of a criminal history record and that do not take into account the age and nature of an offense, for example, are likely to unjustifiably restrict the employment opportunities of individuals with conviction histories. Due to racial and ethnic disparities in the criminal justice system, such policies are likely to violate federal antidiscrimination law. Accordingly, contractors should carefully consider their legal obligations before adopting such policies.