Employer's Duty of Care

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Employer’s Duty of Care

Anthony Fowler

Norfolk State University

Law, Ethics, and Corporate Governance-LEG 500

September 11, 2012

Professor Robert Moore, J.D.

Employer’s Duty of Care

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

Scope of employment are the activities of an employee that are in furtherance of the duties that are owed to an employer, where the employer is or could be, the existence of some control wither directly or indirectly, over the activities of the employee. The scope of employee includes all acts reasonably necessary or incident to the performance of work. This includes matters of personal convenience and comfort that will not conflict with specific instructions. ("Scope of Employment," 2011)

In the case of whether Jake’s action are in or out of his scope of employment, it appears while performing the oil changes on customer cars that Jake is indeed within the scope of his employment. However, when it comes to Jake checking the brakes, tires, transmissions and other fluids on each customer’s car Herman may argue that Jake is no longer working within his scope of employment. Herman’s argument may be valid as Jake was not instructed nor obligated to check those items of the car, Jake has violated the limits of his employment. On the other hand as a certified mechanic, Jake states in the video he has certain standards and deontological ethics required by the law that he must conduct when working on customer’s car. Hence forth what would be considered in or out Jake’s scope of employment would have to be decided in a court of law for a final decision. (Halbert/Ingulli, 2010)

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

In the case of whether or not Herman is responsible for Jake’s injury, Herman would not be considered responsible directly for Jake’s injury....