Employer's Duty Of Care Essay

1038 words - 5 pages

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 ...view middle of the document...

Employees no longer had to go through the hassle of hiring an attorney and suing for injuries that occurred on the job

and employers did not have to worry about being sued as long as the injury was covered under workers’ compensation (Halbert & Ingulli,

2010). This is called the exclusivity rule. Employees do normally receive compensation when filing a workers’ compensation claim, but t

hey are often times lower than the employee’s normal wages.

Jake stated that he inadvertently injured his thumb with a torque wrench while trying to tighten a spark plug. This injury occurred during t

the course of his employment so it should be covered under workers’ compensation. Because of how workers’ compensation is

structured, Jake does not need to prove that Herman was negligent and Herman can’t claim negligence on the part of Jake in an effort to

defeat the claim. In essence, both parties agree to no fault and the employee should be compensated appropriately.


According to the video, Jake was recently promoted to service manager and his compensation now consists of a salary and

benefits. All the managers at Herman’s automobile dealership receive a salary and do not receive overtime. It is not abnormal for an

exempt employee to receive a salary with no overtime compensation. However, according to the Fair Labor Standards Act, in order for an

employee to be considered exempt most of them must meet three criteria: 1) receive a minimum of $23,600 per year, 2) be paid on a

salary, and 3) perform exempt job duties. (United States Department of Labor, 2011). The job title itself does not determine whether or

not an employee is exempt or not exempt but rather the specific duties of that job.

According to the facts presented in the case, Jake was promoted to service manager but he is still performing the same job f

functions. In order for an employee to be exempt, they typically must perform more managerial functions and supervise at least two or

more employees (United States Department of Labor, 2011). It was unclear in the video if Jake was...

Other Papers Like Employer's Duty Of Care

Duty of Care Example Essay

2085 words - 9 pages such it is a case for the tort of negligent misstatement. It is not a fraudulent misrepresentation because the defendant did not make any false statement or aseems to have decent in mind. 2. Rule 2.1 Step 1: Duty of care The very first rule to establish is whether the defendant, Don, owes a duty of care to the plaintiff, Patrick and Mary. Following the case of Donoghue v Stevenson (1932) , it is clear that the duty of care is not dependent

Duty of Care Essay

964 words - 4 pages Louise C Pennock Nvq level 3 1 Understand how duty of care contributes to safe practice 1.1 Explain what it means to have a duty of care in own work role 1.2 Explain how duty of care contributes to safeguarding and protection of individuals A duty of care is to have the person’s well-being first and foremost at all times. I have the obligation to ensure that all actives that I do are carefully considered and thought out

Duty of Care

2951 words - 12 pages Links to | Performance Evidence | Unit No. | LearningOutcome | Ass.Criteria | | 545454545454 | | | Employers working in a range of professions and job sectors have a duty of care which can be defined, in legal terms as “a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing

Duty of Care

2263 words - 10 pages RE: Determination of Whether the Bridge School Owed Al-Fulani, its student, a Duty of Care I. Introduction Kahlil Al-Fulani (“Al-Fulani”) is a 20-year-old Lebanese-American student who currently attends the Bridge School. On September 21, 2001 Lou Gaines (“Gaines”), a fellow student, assaulted Al-Fulani in an unsupervised school lounge. This memorandum addresses whether the Bridge School owed a duty of care to prevent Gaines’s assault on

Duty of Care - 3510 words

3510 words - 15 pages DUTY OF CARE The tort of negligence owes its origins to the tale of a decomposing snail that was found in a ginger-beer bottle – Donoghue v Stevenson (1932). The claimant, Mary Donoghue, went with a friend to a café, where her friend bought her a bottle of ginger beer. Donoghue opened it and poured some of the contents into a glass. When she finished this glass, she then poured the remainder of the bottle into the glass. At this point, the

Employers Duty of Care

868 words - 4 pages ASSIGNMENT #3 – EMPLOYER’S DUTY OF CARE ALICE F. EDDINGTON PROFESSOR RHONDA J. WILLIAMS EVANS LAW, ETHICS, AND GOVERANCE LEG 500 February 11, 2012 Explain whether Jake’s actions are in or out of “his scope of employment.” The relationship between the employer and employees determines the success of a business. The employee should show that he is loyal to his employer. His work ethic should show the integrity and honesty in

Nvq 2 Duty of Care

915 words - 4 pages Certificate in Preparing to Work in Adult Social Care Workbook 304/204 Introduction and Principles for Implementing Duty of Care. NAME: I confirm that the information contained in this workbook is all my own work and reference has been made to source information for appropriate answers. Signature: Date: 30.3.15 Assessment Criteria | Question it has been covered in | 204/304 – 1.2

Shc 34 – Principles for Implementing Duty of Care in Health, Social Care or Childrens and Young Peoples Settings

521 words - 3 pages SHC 34 – Principles for implementing duty of care in health, social care or childrens and young peoples settings 1.1,1.2– To have a duty of care is a responsibility on having to care for one or a number of individuals to a certain level. Their care needs are met by the person with duty of care. Having duty of care for someone makes them less at risk for abuse and harm. Having a duty of care means to protect the individual to the best you can

Unit 5 Introduction to Duty of Care in Health, Social Care or Children's and Young Peoples Setting

710 words - 3 pages Unit 5 1.1 The definition of “duty of care” is a legal obligation and a requirement to work in a way that offers the best interest of the adult using the service, in a way which will not be detrimental to the health, safety and wellbeing of that person. 1.2 People have a right to expect that when a professional is providing support, they will be kept safe and not be neglected or exposed to any

Directors of a Company Are Under Statutory Obligation to Exercise Reasonable Duty of Care, Skill and Diligence at Work

1079 words - 5 pages Director: Diligence is an alternative formulation of the duty of care. It is a synonym for care. In Australia, s 180(1) of the Corporations Act 2001 states: A director or other officer of a corporation must exercise their powers and discharge their duties with the degree of care and diligence that a reasonable person would exercise if they: (a) Were a director or officer of a corporation in the corporation’s circumstances: and (b) Occupied the

The House Of Lords Said The Borstal Authorities Owed A Duty Of Care To The Owners Of The Property Near The Camp

551 words - 3 pages 1. Did the Home Office, its servants, or agents owe a duty of care to Dorset Yacht Co? In this case, there were ten borstal trainees working on an island in a harbour in the custody and under the control of three officers. During the night, seven of them escaped, after the officers had gone to bed and left the trainees to their own devices. The seven got on board a yacht moored off the island, and set the boat

Related Essays

Employer's Duty Of Care Essay

779 words - 4 pages Employer’s Duty of Care Anthony Fowler Norfolk State University Law, Ethics, and Corporate Governance-LEG 500 September 11, 2012 Professor Robert Moore, J.D. Employer’s 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

Employer's Duty Of Care Essay

926 words - 4 pages 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

Emplyer Duty Of Care Essay

1216 words - 5 pages EMPLOYER'S DUTY OF CARE KATHRYN J. STAPLES DR. BONEITA CAMPBELL LAW, ETHICS, AND CORPORATE GOVERNANCE 7 AUGUST 2011 EMPLOYER'S DUTY OF CARE In the video, the employer's duty of care is called into question. But to analyze the video, employer's duty of care must first be defined. "An employer has a duty to ensure, as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the

Employer’s Duty Of Care Essay

933 words - 4 pages 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 of his workforce. In addition to their common law duty of care, employers have a statutory duty, under section 2 of the Health & Safety at Work, etc Act 1974 (HASAWA), to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees (Chandler