Assignment 3-Employer’s Duty of Care

1. Explain whether Jake’s actions are in or out of “his scope of employment.”
In the video Jake is a master mechanic that fixes cars and does oil changes at a dealership. The dealership is offering a free oil changes as a special promotion to get customers at the dealership. Ever since the special promotion started Jack has been putting in a lot of hours and working overtime to productively get cars in and out in a timely manner. Jake hurt his hand while on the job doing oil changes. Jake actions are in his scope of employment because he was hurt while doing his job. Jake scope of employment is in line with what Jake’s duties are. The website Layers.com defines scope of employment as “The range of conduct and activity within which an employee can reasonably be considered to be carrying out the business of his or her employer.” Jake is carrying out the business of his employer by working on cars doing an oil change which causes him to work long hours and work overtime hours. Since Jake is working within the scope of employment; since Jake hurt his hand while on the job he would be entitled to workers composition and getting paid for working overtime. 2. Explain whether or not Herman is responsible for Jake’s injury. Herman is the boss/owner of a car dealership and is running a special promotion for oil changes. Herman’s employee hurt his hand while working on a car doing an oil change. The employee hurt his hand while working within the scope of employment. Herman is responsible for Jake’s injuries and for employee’s action. Under the “respondeat superior” which is a legal document and within the document it explains that employers are responsible for employees’ action. The website US Legal defines “respondeat superior” as “the legal relationship between an employer and employee for purposes of determining an