ISSUES AND COMPENSATION

Employer's Duty of Care

[Name of the Instructor]

Employer's Duty of Care

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 should constantly give clear instructions to the employees of the duty that needs to be carried out and the time frame of which it should be done. The employees on the other hand, with the knowledge of what is ethical and what will be beneficial for the company, has the right to discuss with the managers what should be done. Therefore, both parties need to look at ways that will attract more customers on a longer basis. In this scenario, Jake went against the orders from his manager by not only doing the free oil change but by fixing other parts of the cars. His thought behind his actions was to draw more customers to the company because of the extra deals which surprisingly came with the promotion (Pratt, 2000).

Doing the job well and offering a bit more than expecting, makes the customers happy and will spread the news to others. Herman, on the contrary thought that Jake was disobeying. Herman did not care about pleasing the customers to that extreme. He was only thinking of the immediate promotion but not the long run impact. This made him conclude that Jake went outside of his employment scope. For that reason, the question about whether or not Jake's action is in or out of his scope of employment is hard to be justified as it is based on the law and the organization. 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 (Jaffey, 1992).

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 ...