Employer’s Duty of Care

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

Scope of employment is “Range of activities, duties, or responsibilities that an employee is reasonably expected to carry out or fulfill within the ambit of his or her job or position” (Business dictionary Definition). The employer offer free oil promotion to attract more customers and should be viewed compensation to entice the owners of the cars to go in for the purchases of the articles on display in Herman’s premises, which is the main of the Herman’s business activity.

Jake is certified mechanic it means that he stands by his work. Jake has offered a free service along with oil change. He believed the service performed by him as a qualified mechanic also gives positive signals to the customers, who in turn will come back for service in the future, which is a benefit to the business in the long run. Jake he refers anything he does in his job to scope of employment.

Herman has instructed Jake just to change the oil and not do inspection, and he believed Jake violated the limits of his employment for he has disobeyed his boss by not following what he was instructed to do; it would appear that he is not within the scope of employment.

In my opinion; Jake had asked his boss for this extra work (inspection), and identify what his idea about a benefit its well come from that.

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

Herman had not any reckless or intentional action that caused Jake's injury. As long as Jake working within the scope of his employment, he is covered by compensation insurance. “Injured employees receive workers' compensation insurance, no matter who was at fault for the injury” (W.C.I).

Because these worker's compensation benefits act as a type of insurance, they preclude the employee from suing his or her employer for the injuries covered.

State and federal laws protect the employees from the risk of accidents and injuries when...