From Nobody to Legend
Jared Fogle, once a normal guy leading a completely average life, was featured on the news 16 years ago for losing 245 pounds on a diet consisting primarily of Subway sandwiches. When Subway’s advertising team learned of the story, Jared’s life changed forever. Subway contacted Jared, and he became the mascot for the sandwich franchise for almost two decades. Well-known for holding up an
old pair of pants to demonstrate his weight loss, Jared helped label Subway as a healthy alternative to fast food and increase sales. Thanks to Jared’s pitch, Subway has steadily increased its profits and number of storefronts over the past 15 years.
The Raid That Ended It All
However, all of that ended in July when federal authorities initiated an investigation into Jared allegedly having sex with minors. It began when the FBI raided Jared’s home and arrested the director of his charity, the Jared Foundation, for child pornography. The news broke in August that Jared was charged with possession of child pornography and crossing state lines to have sex with minors. 14 victims reported Jared to the authorities, which prompted the investigation. Jared pled guilty to both charges and was ordered to pay $100,000 each to the victims. Jared now faces between 5 and 12.5 years in federal prison.
Subway’s Response
Subway has attempted to distance itself from the scandal. A few weeks ago, Subway tweeted that it has severed all ties with Jared and will be making no further comments on the subject. However, the media and loyal customers pressed for more information, especially after allegations of complicity followed. Namely, franchisees and other individuals with insider information regarding Subway accused Subway of knowing about Jared’s interest in minors and not caring.
In response, Subway conducted a probe into any and all complaints filed about Jared to the sandwich giant. According to the chain, only one serious allegation was uncovered in the complaint logs, though Subway stated it did not concern “sexual behavior or criminal activity.” Subway apologized for not escalating the complaint and assured customers and employees that a new complaint review process had been implemented.
Employer Liability for Employee Criminal Conduct
Under the theory of vicarious liability, an employer may be civilly liable for its employee’s actions if the employee is (1) on-the-clock at the time of the incident and (2) performing typical job duties or tasks assigned by the employer. While many are holding Subway responsible for Jared’s actions as Jared’s identity is so closely tied to Subway, the sandwich chain is likely not civilly liable to Jared’s victims for any complicity in Jared’s sexual conduct.
Authored by Jessica Long, LegalMatch Legal Writer
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