Sue Sylvester v. Will Schuester

Glee is Fox’s hit new show about a glee club at a high school in Ohio. Will Schuester, or Mr. Schu (Matthew Morrison) is the director of the glee club. Sue Sylvester (Jane Lynch) is the coach of the Cheerio’s cheerleading squad who will do anything to bring Mr. Schu and the glee club down.

This week’s highly anticipated episode entitled “Britney/Brittany” featured the glee club performing Britney Spears songs. The episode aired Tuesday, September 28. Britney Spears was a guest star on the show. Mr. Schu was hesitant to allow them to perform Britney songs for the homecoming pep rally because of the sexual nature of Britney Spears’s music. Mr. Schu is eventually convinced to allow the glee club to perform Britney’s music during the pep rally. The school goes wild with sexual energy, and Sue Sylvester pulls the fire alarm. All the students rush out of the gym in a panic. Sue then arrives at school the next day with a neck brace, claiming she was injured during the panic. Sue tells Mr. Schu that she is suing him for her injury.

Sue would only be able to recover under Worker’s Compensation. The high school and Mr. Schu have tort immunity for most tort suits under Ohio’s worker’s compensation law. The requirements for worker’s compensation coverage are an employer-employee relationship, and that the injury occurred in the course of and arising out of employment. There is an employer-employee relationship between Sue, Mr. Schu and William McKinley High School. The injury did occur during the course of their employment. There is an exception to tort immunity for worker’s comp if the injury inflicting act was intentional. Sue would not be able to show that Mr. Schu’s choice of performance was intentionally done to harm her.

Sue’s act of falsely pulling the fire alarm is a misdemeanor under Ohio Statute 2917.32. Pulling fire alarms in Ohio is serious business. If falsely pulling the alarm causes economic harm of more than $500, the act is considered a felony.

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