Assignment #: Employer's Duty

Assignment #3 – Employer’s Duty of Care

Explain whether Jake’s actions are in or out of “his scope of employment.”

Jake’s actions are in “his scope of employment.” Herman is reprimanding Jake for making sure he performs his job correctly and thoroughly. Even though Rally Motors is offering free oil changes, it is important to make sure the basics are checked also. The basics include checking the brakes, tires, and also checking the transmission. Herman seems to think that the oil should just be changed in the cars to get the customers in and out so that he will be able to service as many as possible. Herman informed Jake that the way he was changing the oil was to prepare the cars for the Indy 500 and that he wanted him to do a lousy job. Herman also informed him that what he learned while receiving his auto mechanic certification is for aircraft mechanics and not car mechanics.

In the video while they were having the conversation about the way Jake was performing his job, his thumb was bleeding. Herman seemed not to care about the fact that Jake was injured and just wanted him to continue to perform his job to make the company have more business. Jake became more irate because Herman seemed not to care about the fact that Jake’s thumb was bleeding Jake took it upon himself to decide to go to the doctor because Herman wanted him to keep changing the oil despite of the situation. Jake had every right to choose to go to the doctor instead of staying to change the oil on cars. It is not fair that Herman would hang Jake’s job over his head because he is not working as fast as Herman thinks that he should and he also has an injury that Herman does not seem to care about.

Explain whether or not Herman is responsible for Jake’s injury.

It is important that from the conversation that Herman had with Jake, Herman requires Jake to work long hours for the promotion that Rally Motors is running. Jake is not responsible for his own injury because if he was...