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LEG500 Assignment 3 - Running head ASSIGNMENT#3 EMPLOYERS...

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Running head: ASSIGNMENT #3 – EMPLOYER’S DUTY OF CARE 1 Assignment #3 – Employer’s Duty of Care Strayer University LEG500 – Law, Ethics, and Corporate Governance Professor: Benjamin M. Shushan May 13, 2011 Assignment #3 – Employer’s Duty of Care
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ASSIGNMENT #3 – EMPLOYER’S DUTY OF CARE 2 Explain Whether Jake’s Actions Are in or out of “His Scope of Employment” Working as a mechanic, Jake’s actions are within the scope of his employment. Scope of employment is “the range of conduct and activity within which an employee can reasonably be considered to be carrying out the business of his or her employer” (Merriam-Webster’s dictionary of law, 1996, P.444). It refers to an employee actively involved in an employment task at a particular time, usually in issue when an accident occurs, which is required to make a claim for work-related injury under state Worker's Compensation Acts. The decision of whether an employee is engaged in duties in the scope of employment depends on whether the actions of an employee further the business of the employer and, thereby, it makes an employer liable for damages due to such actions. If the actions of an employee improve the business of the employer, such employee’s actions are in the scope of employment. In this case, Herman instructed Jake to do a free oil change as part of a promotion at the car dealership. Instead, Jake not only changed the oil but he also checked the brakes, tires, transmission, etc. Jake seems to have violated the limits of his employment for he has disobeyed his employer by not following what he was instructed to do. But Jake argues that as a certified mechanic, there are standards that he has to keep up and that under these circumstances, his actions are reasonable and required by law. In this situation, when Jake is working on the cars’ Herman’s free oil change, it appears that he is within the scope of employment. However, Jake has offered a basic check-up service along with oil change on each car is really beneficial to the business even though such extra service is not commanded by Herman and the time invested on this extra work affects the speed of the authorized work on the part of Jake. It has indeed attracted more customers to go in for the purchases of the cars on display in Herman’s premises,
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ASSIGNMENT #3 – EMPLOYER’S DUTY OF CARE 3 which is the main of the Herman’s business activity. Moreover, the extra service performed by Jake, as qualified mechanic, also gives positive signals to the customers, who in turn will come back for service in future, which is a benefit to the business in the long run. Thus, Jake’s actions
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