The Sporty One
Kaplan University

In the advertisement CARDWARE Inc. has placed on line it stated that it is looking for an “athletic” employee that can “sport” the apparel of the store. If she does not even look athletic she may have been looking for more than she could handle. In the slogan it does state you don’t have to look athletic to look and feel like it. She may have taking this statement literal and maybe she should have it may have given CARDWARE Inc. a good example for potential customers. Although the company wants to put off he athletic look which she apparently does not have. It is not being sexist or age discrimination it has to do with company image, just like not hiring someone because they have gauged ears you don’t want the company to have that image so you can continue to attract the customer base you require.
“Under the doctrine of Respondent superior, the principal-employer is liable for any harm caused to a third party by an agent-employee within the scope of employment” (Miller, R. L. 2012) The plaintiff could use a theory of negligence and a theory of vicarious liability and Respondeat superior to state that The Sporty One is responsible for the actions of its clerk. In order to establish an employer's liability for the actions of its employee in a tort action, plaintiff must prove that an Employee/Employer relationship actually existed and, that the tortious conduct of the employee occurred within the "scope of his employment." The respondent superior also states that restatement sets forth various factors to determine whether unauthorized conduct is similar to or incidental to the conduct that caused the incident.
In this particular scenario, the employer's best defense is that the employee's actions are outside the scope of the employee's duties. Undeniably, the employer can likely state the company's policy is to call emergency