Jerry Sutherland
Instructor
Dr. Smith
LEG500
2/13/11
Explain whether Jake’s actions are in or out of “his scope of employment.”? Jake actions are in the scope of his employment, he has been promoted to the service manager position. If the other service techs are busy or can not keep up he is qualified to jump in and help out. The only question of his position I have is how many employees Jake has below him. If he has no employees or help does he really have a title for any thing other than getting beat out of overtime?
Explain whether or not Herman is responsible for Jake’s injury. Herman is responsible, or the company is anyways. And here is why “Employers are required by law to maintain a safe workplace. Understandably, safety measures differ from place to place - in any case, a reasonable effort must be made to prevent workplace injury due to faulty equipment. If you are an employer, you must protect your workers (as well as your business) by ensuring everything is in working order. If you are an employee, and you spot faulty equipment, take it out of service before a problem happens, and notify your employer. By doing so, you protect yourself from injury, and you place the employer on notice so that he or she knows that action needs to be taken. Employers of all kinds need to have a plan in place for maintaining worker safety and preventing accidents that might happen if equipment malfunctions. Remember, preventing an accident can represent a financial investment. Paying now can prevent costly problems later! Plans for preventing injury due to malfunctioning equipment don 't have to be elaborate, but they do need to be comprehensive, and specific tasks need to be delegated to employees who utilize or maintain the equipment. While it would be ridiculous to ask an employer to personally inspect and maintain every piece of equipment, it is not too much to ask, to have protocols in place for
References: http://ezinearticles.com/?Employers-Are-Responsible-For-Preventing-Workplace-Injury-Due-To-Faulty-Equipment&id=5896107 http://humanresources.about.com/od/glossarye/g/exempt.htm http://www.ewin.com/articles/rights.htm http://www.staffing-and-recruiting-essentials.com/Employer-Rights.html