Employer's Duty of Care and Issues of Compensation

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

The relationship between the employer and employees determines the success of a business to a great extent. The employee owes his loyalty and obedience to his employer. He has to be honest to his employer and must give his best in his work as he is bound by the contract he would have signed at the time of his appointment. The employee is supposed to be following all lawful and clearly given command of his employer and any deviation or dereliction of duty is punishable under law as well. So the employee is bound by rules and regulations at his work place and is liable for a penalty or punishment in case of violation of any kind.

On the other hand the employer is also bound to abide by certain conditions at the work place to act with the employees, as he has to be very clear in giving instructions and commands to his employees, otherwise there is every possibility of the employee committing errors in their work. Thus both the employer and the employee should perform their part of the duty in the best interest of the business and attract more customers. There should be healthy bond between the managerial skills of the employer and the perfect knowledge of the employee so as to enhance the business prosperity.

In this case, Herman, owner of Rally Motors car dealership instructed Jake, a mechanic to do a free oil change as part of the promotion the company is running. As a certified auto mechanic, Jack is required by law to provide a duty of care and duty of loyalty to the business and its customers. He must stand by his work and be competent to work as a mechanic. Jack has decided to live up to it and wants to make sure that every vehicle that leaves the shop is in good condition. He went beyond what was expected by Herman and did a basic check-up on every car ex. tires, brakes, transmission, etc. Jake seems to have violated the limits of his employment for he has disobeyed his employer by...