Employer's Duty of Care

Topics: Employment, Tort, Law Pages: 3 (1048 words) Published: December 11, 2010
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 position that we hold. Our 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. The relationship that employers have with their employee requires that duty of care is displayed by both parties. 1. Explain whether Jake’s actions are in or out of “his scope of employment.” In the video Jake, the service manager, provided a basic inspection of the cars along with the oil change. While the promotion only required a free oil change the inspection was within his scope of employment. Scope of employment refers to anything a person does in the ordinary course of doing his or her job (“Scope of Employment”). Generally, an act will be considered part of an employee’s employment if it is committed while he or she is performing services for the company or incident to the provision of services for the company (Segal, 1994). Herman (the employer) does not require Jake to do the inspections, but since Jake is professionally certified he must provide a duty of care and duty of loyalty to the business and its customers. Since Jake is certified it means that he stands by his work, and that he is competent to work as a mechanic. After the inspections Jake could find something wrong and that could potentially bring more business to Herman’s car dealership. 2....

References: Alexis. W. (2010, September 10). What is Scope of Employment. Retrieved from
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Employment Law: Overtime Pay Exemptions. (2010) Retrieved from
http://www.scalaw.com/faqs/wageAndHourLaw/overtimeExemption.php
Halbert, T., & Ingulli, E. (2010). Law and Ethics in the Business Environment
Mason, Ohio: Cengage Learning
Segal, A., J. (1994, June 01). When Charles Manson comes to the workplace. (violence in the workplace) (Legal Trends). HR Magazine, ({39}) 33(6), Retrieved from http://elibrary.bigchalk.com
Workers Compensation (2010, November 12). Retrieved from
http://en.wikipedia.org/wiki/Workers_compensation
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