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 better the sales of the company. The employers are the head of the employees; therefore, their subordinates need to obey the instructions that are given to them to carry out their work. Employers ...view middle of the document...
If Jake abided and did only what Herman said to do, which was doing the free oil change, he would be working within the scope of employment, which will in turn keep customers coming. Jake offering more free services to the package without the manager’s consent will boost the sales of the company in a small space of time. He will then be also working within his scope of employment by being innovative and generating ways to promote the company’s sales.
2. Explain whether or not Herman is responsible for Jake’s injury.
In every organization, it is the employers’ right to have the “duty of care” for all their employees. One of their main priorities is to ensure that the work place is safe and secured from any hazardous machinery that could possibly injure an employee. Herman as the company’s manager is responsible for Jake’s injured finger. Herman has the responsibility to put in place plans and ways to deal with the risk and to avoid dangerous situations in the workplace at all times. Every tool and equipment that the company provides for employees to use, needs to be functional, and frequently updated to avoid mishaps. It is also Herman’s responsibility to provide Jake with easy access to proper first aid facilities to tend to his inquired finger. Also, Herman is indeed responsible for Jake’s injury Jake is covered under the workers compensation act and Herman should follow it. Jake is also being overworked, which can cause him to lose focus at times and injure himself by mistake. Jake is working a full day’s work, doing oil change for all the customers cars and is going beyond what he is suppose to do to ensure the customers speedy return. He worked after hours for two straight days with no help offered. As a result, Jake’s body becomes weary and at times may be in need of a break. This injury could have been avoided if more help was given to Jake to do the free oil change; then he could have been more focus and relaxed whiles doing his job and the speed of the line will be moving more frequently.
3. Explain whether or not Jake should be paid the overtime.
Jake is a hard working employee who takes pride and joy in the work that he does at his company. Getting the work done legally and at its best is what he stands for. Jake is a worker who will do whatever it takes to make the customers exceedingly happy and will be willing to work overtime hours to do that. The Fair Labor Standards Act of 1938 has been passed to cover any employee who works more than their forty regular hours of work per week. It is stated that every employee is entitled to time and a half pay of...