Mat300

Employer’s Duty of Care

Korlis Hyatt

Professor Vrabec

LEG500

August 7, 11

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

I think Jake had the right to discuss his options with is boss Herman. In my opinion, Herman seems as if he is trying to save money and get around things any way that he can, by depriving employees what they rightfully are supposed to have. Herman wanted things to get done, but not in the correct way. How can a respectful service and mechanic employee just give an oil change and throw everything that he has learned away, as far as making sure the tires don’t need air or don’t need to be rotated…making sure the wiper blades are in tact and useful, and making sure the air filter does not need to be changed. Herman wanted to get things done, and Jake was not about to stand for unlawful acts, which could eventually get him into trouble, not only with the CEO of the company but with the customers that are expecting exceptional service, and not receiving it, which in turn could get Jake fired.

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

I have been reading up on Worker’s Compensation because I could not quite comprehend all of the issues, complaints, and procedures that went into a claim, and what all employers needed to have in order to have Worker’s Comp. I found information on the internet regarding Worker’s Compensation and it states that: An employer in the non-construction industry, who employs four or more part or full-time employees, must obtain workers' compensation coverage. Corporate officers are considered employees, unless they elect to exempt themselves from the coverage requirements of Chapter 440, F.S. Sole proprietors and partners in the non-construction industry are not considered to be employees unless they elect to be employees. The Notice of Election of Coverage, form DWC 251, must be submitted to the Division. Once approved the individual is considered an...