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
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Employer’s Duty of Care Jamie Martinez Law, Ethics, and Corporate Governance Professor Boneita Campbell August 7, 2011 Introduction As employees, we are held to the same standard to act in good faith in whatever position we hold. 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.
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Employer’s Duty of Care To what extent are employees required to perform their job with a duty of care? We all know that corporate officers have a duty of care to the corporation that they are employed by. They have an obligation to perform their duties with the care that a person in a like position would reasonably exercise under similar circumstances (Halbert & Ingulli, 2010, p 52). As a fellow employee down on the totem pole, we are held to the same standard to act in good faith in whatever
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Employer’s Duty of Care Course Title: Law, Ethics, and Corporate Governance – LEG 500 November 9, 2011 Q1: Explain whether Jake’s actions are in or out of “his scope of employment”. Jake’s actions to fully inspect vehicles were in his scope of employment, even though the main service requested was for an oil change. It is the responsibility of a certified mechanic to ensure a car is inspected for any major damages and preventative care maintenance. Just like when an individual goes
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workplace safe and secure. “Duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others”(en.wikipedia.org).”The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalization
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Employer’s Duty of Care LaShawn A. Dunkins Professor Augustine Weekly LEG 500 – Law, Ethics, and Corporate Governance February 7, 2012 In order for a business to be successful an employer and employee should have an understanding relationship. The relationship between the two is of the utmost importance. The employee is supposed to follow the laws of the company or that the employer has made known once they have decided to accept a position with the company. The employee is bound
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Employer’s Duty of Care Law, Ethics, and Corporate Governance – LEG 500 Wednesday February 16th 2011 1. Explain whether Jake’s actions are in or out of “his scope of employment.” Working ethically and being compatible with each other in a company is very fundamental in the development of the business. The managers and the employees have to develop a relationship where they agree on a form of understanding within their different levels of the organization and reason out what is needed to
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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
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EMPLOYER’S DUTY OF CARE Strayer University LEG 500 – Law, Ethics, and Corporate Governance February 20, 2011 1. Explain 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
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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. Employer Responsibility for Injuries Because Jake was working within the scope of his employment and was injured by performing duties related to the job, Jake’s employer Herman is liable
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