Explain whether Jake-s actions are in or out of his scope of employment

Explain whether Jake-s actions are in or out of his scope of employment

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Explain whether Jake’s actions are in or out of “his scope of employment.” By convention or compulsion, an employee owes his obedience and performance to his employer. Reasonable diligence and skill in the performance of his duty is implied in the conditions of employment of a worker. The employees are expected to follow all lawful and clearly stated commands of the employer and any dereliction of duty and deviation from the instructions would amount to the violation of duty accorded to the employees. But on the other hand if the instructions are not clearly given to the employees, they may commit an error in the act of performing the duty in good faith and obedience. In the given case, Herman has instructed Jake just to change the oil and not check the brakes,
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Unformatted text preview: tires, transmission etc. But Jake argues that he is a certified mechanic and he is supposed to live up to the standards and under these circumstances, his action is reasonable and is under the circumstances. But Jake seems to have violated the limits of employment by being disobedient or violating the instructions given by his employer. Hence the question whether Jake is acting under the scope of employment has to be decided by the jury. Under the given circumstances, when Jake is working on the cars, Herman's free oil change it would appear that he is within the scope of employment....
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This note was uploaded on 04/26/2011 for the course MAC 1106 taught by Professor Petruska during the Spring '08 term at Pensacola Junior College.

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