Employer's Duty of Care

[Name of Course]Employer's Duty of Care

Introduction

The paper addresses the issue of employer and employee, as an example to this, a scenario is being discussed out of which two are the main character Herman and Jake had a conversation, Herman is the employer and Jake being his employee, mechanic and the service manager. The scenario here is that Herman has called in a free oil change and does not have the work force for the desired task, on which Jake his service manager complains that he is doing a thorough job and should be paid overtime for his work, a little disagreement occurs between the two with both being opinionated in favor for themselves. The following paper shed light on whether Jake actions are within the scope or limits of his employment? , For Jake injury can Herman be held responsible? Also, we will discuss whether or not Jake deserves a overtime pay or not? And both the characters rights in the given scenario.

Discussion

Jake's Actions in Scope of his Employment

Success of any business to a certain extend mainly relay on the employer and employees in between relationship and understanding between them and the kind of work quality that the business is providing. The employee should be loyal and obedient to his employer. The employee has to follow the orders given to him and do not divert from the given orders if he diverts, in that case he is automatically guilty. Once the employee has signed and agreed to the terms of his job and the rules and regulations of that workplace, so any form of violation of the workplace can make him liable for consequences. Same goes for the employer that he has to be vivid with his instructions and commands to his employees as to what and how the work has to be done; otherwise there will be every possibility that the employee not performing the work in desired manner. Here, in the mentioned case Herman had ordered Jake for an oil change of the cars and has not instructed him to for a basic inspection of the cars, but Jake as a professional mechanic argues Herman that he is a certified auto mechanic, and has to maintain certain standards, so as a professional he also checked the basics 'in addition to the oil change'. On the other hand as per this situation, Jake seems to have violated the limits of his employment, disobeying his employer by not following what he was instructed to do. If we have an aerial view of the situation, when Jake is working on the cars it would appear that he is within the scope of employment and according to West's business Law as well if an individual has the knowledge, skill, or intelligence superior to that of an ordinary person, the individual's conduct must be consistent with that status, so, here he is right in what he has done. If Jake had done an improper job his certification may be in jeopardy, if he does not change the ...