...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...
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...caused by their employee, defendant Sean Fleming to plaintiff Emily Robinson. Under respondeat superior, an employer is liable for any tortious act of an employee that falls within the scope of his employment....
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...whether Jake’s actions are in or out of “his scope of employment” The actions of Jake’s work on the vehicles that include checking breaks, tires, and the transmissions is included within his scope of employment. The scope of employment includes any tasks that are included in the contract of the position that an individual is hired to complete (USLegal). This also includes any specific task that an employer asks an employee to perform. The purpose of documenting an individual’s scope of employment is for the employer to be responsible for a liability that may occur in case of an injury to that individual. The scope of employment can also be used to help benefit the employer as well. If an employee is not performing within their scope, the employer is not responsible for the actions of the employee. The position of Jake’s employment is that of Service Manager. Herman did give Jake specific instructions to change the oil no matter what is wrong with any of the vehicles. However, Jake is there to service vehicles. As long as he is performing duties that include servicing vehicles and furthering the business of the company then he is performing within his scope of employment. It is expected of a mechanic to perform other tasks of servicing a vehicle other than just changing the oil. Even if an employee is doing something that they are not directed to do by the employer does not justify an employee performing outside of their scope employment. Since a Service Manager of a car dealership...
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...Application for Employment Last Name First Name Middle Name Position Applied For: Date: Please Read Carefully 1. Accurate reporting of information as requested on this application form (the applicant must sign and date the application). 2. Interview(s) by appropriate Scope Management Solutions representitives. 3. Approvals of the offer by authorized Scope Management Solutions officials. All offers of Employment are contingent upon satisfactory background checks, drug screen, driving record, and medical examination results. Applicants, if hired, will be required to provide documents needed to complete an Employment Eligibility Verification (Form I-9). It is the policy of Scope Management Solutions to provide equal employment opportunity for all qualified persons and not to discriminate against any employee or applicant because of race, religion, color, sex, national origin, age, vetran status, disability, or any other legally protected status. P.O. Box 5554 1176 FM 517 Alvin, Texas 77512 An Equal Opportunity Employer www.link2scope.com The information you provide in this application represents you to the hiring authority. Fill in each blank accurately and carefully. Answer all questions. If a question does not apply, write N/A (Not Applicable) in the space provided to show that you did not overlook the question. Personal Data Name: Last First Compete this section even if a resume is attached Middle Current Address: Street City...
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...actions are: (1) it must be proven that the employee must have acted in their own scopes of employment, and (2) the deed done by the employee must’ve been related to his/her employment (Fremgen, 2012). In order to be thought of as being inside the scope of employment, the employee had to find it essential to complete a duty or it would be expected that an employee will complete the job. Even individual tasks such as going to the restroom, or fixing a glass of soda are thought to be inside the scope of employment although no actual work is being done (Respondeat Superior, 2013). The employer is responsible for damage acquired by the employee inside the scope of employment regardless if the damage was caused by accident or from recklessness, and for harm done intentionally to benefit the employer. Work could be done in an unprofessional manner, and could cause harm, and sometimes, tasks are taken way overboard. For example, a worker could be delegated to complete a task, but he/she does not feel that he/she can complete the task following the rules. For instance, a consumer is being stubborn and doesn’t want to take his/her medicine. A worker is given the duty of giving medicine to consumers. The worker may use force to give medicine to the consumer, and the worker exhausted unaccepted methods. The worker acted within his/her scope of employment in a way that connects to his/her employment. If injury or agony should come to the consumer due to the worker’s actions, both...
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...Employee Rights Prof Dewey Balzhiser 8/8/2011 Course: Law, Ethnics, and Corp Governance. 1. 1. Explain whether Jake’s actions are in or out of “his scope of employment.” 2. Scope of employment is the activities of an employee that are in futhermore of duties that are owed to an employer an where the employer is, could be, excising some control, directly or indirectly, over the activities of the employee (Law Dictionary 2010). The scope of employment including matter of personal convenience and comfort that do not conflict with specific instructions (Law Dictionary 2010). In the video Jake's actions are in scope of his employment. Jack, a licensed mechanic and works as a service manager at a car dealership. The car dealership he works for is currently offering free oil changes to lure in new customers. Jake also performed a full inspection of the cars with the oil change. Jake employer's promotion only advertise a free oil change but Jake's full inspection is in his scope of employment. Scope of employment refers to anything a person does in the ordinary course of doing his or her job (Scope of Employment 2008). Jake feel that since he is a certified profession it is his care of duty to perform a full inspection on all the car he services. In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable...
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...Explain whether Jake’s actions are in or out of “his scope of employment.” Yes, Jake’s actions are in of scope of his employment. As a newly promoted service manager of the dealership and part of the Rally management team, Jake’s responsibility is to provide excellent service to the customers is within his scope of employment. Scope of employment refers to anything a person does in the ordinary course of doing his or her job (Fleischer, 2004). Although the term “scope of employment” may have a broad definition, a reasonable third party would conclude that a service manger/auto mechanic would also check brakes, tires, etc., during a routine oil change. Therefore, performing these duties would fall within the ordinary course of doing his job, thus Jake’s actions are in scope of his employment. However, if Jake was at work, but not acting within the scope of his employment, his employer may be exempt from tort liability, and Jake would be unable to receive worker's compensation benefits if he is injured. Acting outside the scope of the job can include actions such as knowingly violating corporate policy. At other times, it can be less clear whether a person is acting within the scope of employment, and a judge or jury will be called upon to make the determination (Cushway, 2002). Explain whether or not Herman is responsible for Jake’s injury. Yes, Herman is responsible for Jake’s injury. An employer has a common law, duty to take reasonable care for the health and safety...
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...Congress did not write this language to single out the law enforcement sector of government. Additionally, the respondent cited other circuit court decisions that supported a narrow interpretation of the Federal Torts Claims Act, specifically Orsay v. U.S. Dep’t of Justice and Ignacio v. United States. Both cases confirmed that the language of the provision exempts the United States from suit based on the actions of law enforcement officials in the line of duty. Lastly, the Respondent argued that the correctional officers were acting outside the scope of their employment duties, which in essence prevents the United States from being liable for the assault and abuse that Millbrook has claimed. The Respondent argues that these actions do not fall within the normal scope and expectations of a government employee. In closing argument, the Respondent cited that the Sixth Circuit Court ruled that sexual assault does not fall within the scope of employment of prison guards and therefore, should not allow Millbrook to pursue damages against the United...
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...By Abdisamed Bashe Hussein Class: 3A Student ID #: 116094 Supervisor: Prof. A/Rahman Essa University of Hargeisa Thesis April 2014 Chapter One 1.0 INTRODUCTION T his chapter will examine Investment and Employment creation in Hageisa, this chapter will contain the following sub-sections, Section 1.0 provides general introduction to the chapter and section 1.1 examines the research background where the research problem is identified. Section 1.2defines the research problem, represents on statement of the problem and section 1.3 represents the purpose of the study. Section 1.4 represents research objectives of the study and section 1.5 represents questions, section 1.6represents research hypothesis .section 1.7 points out the scope of the study, this scope expands into subsections 1.7.1 and 1.7.2. Subsection 1.7.1 addresses context scope of the study and subsection 1.7.2 represents Geographical scope of the study. Section 1.8 explains the significance of the study. 1.1 Background of the study F oreign direct investment has been a subject of interest for many years now and has continued to be one in recent years. One of the reasons for this interest is that foreign direct investment or FDI has in the last decades seen a massive surge, according to UNCTAD (2012) the foreign direct investment inward stock of the world has grown from 2.081 billions of dollars in 1990 to a 14.588 billion pre-crisis average in 2005-2007 and has continued to grow to reach a staggering...
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...Law, Ethics, and Corporate Governance | Assignment 3-Employers Duty of Care | 8/14/2011 | 1. Explain whether Jake’s actions are “in or out of his scope of employment.” The definition of “Scope of Employment” according to Oklahoma States Risk Management and Environmental Health and Safety is, “Scope of employment: means performance by an employee acting in good faith within the duties of his office of employment or of tasks lawfully assigned by a competent authority including the operation or use of an agency vehicle or equipment with actual or implied consent of the supervisor of the employee, but shall not include corruption or fraud.” Whether Jake is acting in or out of his scope of employment depends on Jakes job description. Jake has recently been promoted to Service Manager and receives salary pay, Jake stated that he still does the same job, even with a new job title and salary pay. The question that one would need to ask is, what is Jake supposed to be doing? Should he be working on cars or supervising his employees? If Jake is not to work on cars he is acting out of the scope of his employment and vice versa. Herman didn’t mind Jake doing the oil changes; Jake was given permission to change oil for the customers, therefore when Jake cut his thumb he was acting in the scope of his employment. Jake was acting in good faith when he decided to go the extra mile to make sure the customer’s cars were thoroughly checked. 2. Explain whether or not Herman...
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...Scope of Employment To determine whether or not Jake’s actions are in or out of his scope of employment, we must first examine what “scope of employment” involves. The term “scope of employment” refers to an employee actively performing an employment task at a particular time for the benefit of the employer that does not involve the employee’s personal business (Hill, 2011). An employee’s scope of employment usually become relevant when there is an accident on the job or when someone wants to hold an employer liable for the actions of an employee. The scenario in the video involved the employee, Jake, being injured on the job. Jake worked as an auto mechanic in Herman’s automobile dealership. When Herman decided to offer free oil changes to lure potential buyers onto the car lot, Jake was tasked with performing the oil changes. As manager of the automotive department, it is within his scope of employment to perform the oil changes. However, part of this issue was that Jake was performing more than the basic oil changes. He f elt responsible for performing more thorough inspections such as checking the tires, brakes, and transmissions because he is a certified auto mechanic. These duties are also within his scope of employment because he was performing tasks associated along with his job in good faith in an effort to benefit the employer as well as provide the duty of loyalty and care he owes to customers as a certified mechanic...
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...of “his scope of employment.” According to the definition given by USLegal.com, scope of employment refers to a person actively involved in an employment task at a particular time, usually an issue when an accident occurs, which is required to make a claim for work-related injury under state Worker's Compensation Acts (Scope of employment law & legal definitions, n.d., para.1). Workers’ Compensation reported by Terry Halbert and Elaine Ingulli, (2010) is a program which employers are required to make payments to employees who are injured during the course of their employment, regardless of negligence or fault (pp. 376). For example, based on the video, Jake, the service manager for Rally Motors, cuts his thumb while performing a complete car inspection for the customers. Although Jake was told to only perform the free oil changes by his boss, he owes a duty of care to the customers because he is a certified mechanic. He must complete the oil change and check the basic systems, such as the brakes, tires, and transmission, according to the Automotive Service Excellence (ASE) standards. As a certified mechanic, he must make sure each car is thoroughly inspected and nothing is wrong before leaving the shop. Jake’s and the company’s reputation depend upon how well he performs on the job. The benefits of carrying out the full car inspections are customer confidence, repeated business, and reduced law suits for the company. Therefore, I conclude Jake’s actions were in scope of his...
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...Employer’s Duty of Care Law, Ethics, and Corporate Governance Strayer University Aug 6, 2011 1. Explain whether Jake’s actions are in or out of “his scope of employment.” 2. Explain whether or not Herman is responsible for Jake’s injury. 3. Explain whether or not Jake should be paid the overtime. 4. Explain the rights Jake and Herman have individually in this scenario Table of Content Jake’s scope of employment……………………………..........................Page 4 Is Herman responsible for Jake’s injury?………...................................Page 6 In or out of “his scope of employment…………………………………..Page 6 overtime…………………………………………………………………...Page 7 Overtime…………………………..………………………………………Page 8 References ………………………………………………………………...Page 9 Jake’s 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...
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... ISSUE: Whether AAA Auto Dealers are liable for John’s negligence? RULE: AAA Auto Dealer’s may be held vicariously liable for its employee's actions under the theory of respondeat superior for negligence committed within the scope of employment, citing Stropes v. Heritage Children's Ctr., 547 N.E.2d 244, 247 (Ind. 1989). ANALYSIS: Vicarious Liability imposes responsibility on one person for the acts of another because of a special relationship with that person; such as a parent or employer. Okrent, C., & J.D.. (2009). Respondeat Superior places responsibility on the employer for any acts or harm caused by its employees while working. Okrent, C., & J.D.. (2009). If an employee’s acts were authorized, then the respondeat superior rule applies. In Barnett v. Clark, Debra A. Barnett sought damages against Camille Clark, Trustee of Pleasant Township in Steuben County, Indiana for the acts committed by a Trustee employee. Barnett suffered rape, sexual battery, and false imprisonment by Donald Clark, a deputy trustee, when seeking assistance from the Trustee’s office. The Indiana Court of Appeals determined that for respondeat superior to be imposed an employee must have inflicted harm while acting "within the scope of employment."...
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...totem pole, we are held to the same standard to act in good faith in whatever position that we hold. Our employers also have that same duty to take care of the employees that perform the day to day tasks to make the company successful. Whether it is through extra time off, increase in pay, or better benefits employers have an obligation to their employees. The relationship that employers have with their employee requires that duty of care is displayed by both parties. 1. Explain whether Jake’s actions are in or out of “his scope of employment.” In the video Jake, the service manager, provided a basic inspection of the cars along with the oil change. While the promotion only required a free oil change the inspection was within his scope of employment. Scope of employment refers to anything a person does in the ordinary course of doing his or her job (“Scope of Employment”). Generally, an act will be considered part of an employee’s employment if it is committed while he or she is performing services for the company or incident to the provision of services for the company (Segal, 1994). Herman (the employer) does not require Jake to do the inspections, but since Jake is professionally certified he must provide a duty of care and duty of loyalty to the business and its customers. Since Jake is certified it means that he stands by his work, and that he is competent to work as a mechanic. After the inspections Jake could find...
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