Employers Duty of Care Essay Example

Employers Duty of Care Essay 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 amp; 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 â€Å"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 (â€Å"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. We will write a custom essay sample on Employers Duty of Care specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Employers Duty of Care specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Employers Duty of Care specifically for you FOR ONLY $16.38 $13.9/page Hire Writer 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. Explain whether or not Herman is responsible for Jake’s injury. Since Jake was injured on the job Herman would be responsible for Jake’s injury. Jake would be covered under the worker’s compensation program. Workers’ compensation is a form of insurance that provides compensation medical care for employees who are injured in the course of employment. In exchange the employee relinquishes the right to sue the employer for the tort of negligence (Workers Compensation 2010). The worker’s compensation program is a national program, but its laws vary state to state. If Jake decides that his injury is severe enough he did the right thing by having Herman acknowledge it. Also Jake should go to the hospital or visit his doctor to take a look at his injury. This would be in his best interest so that is documented, and no red flags would arise when the state workers compensation board reviews his claim. . Explain whether or not Jake should be paid the overtime. Since Jake is a service manager he is not entitled to be paid overtime. More than likely since Jake is part of the Rally management team he is probably getting paid a salary. Overtime is usually for hourly or non-exempt employees. Salaried employees are also eligible for overtime unless the fall under one the following exemptions. * Executives/Managers * Administrators * Prof essionals * Computer Professionals * Outside and Commissioned Salespersons (Employment Law, 2010). In order for Jake to be paid overtime he would have to make less than $455/week and none of the exemptions above could apply to him. 4. Explain the rights Jake and Herman have individually in this scenario. In this scenario both Jake and Herman have individual rights being employee and employer. As the employer Jake has the right to expect for employees to work overtime in order to get the job done. Herman has the right of duty of care to the business. Herman must act in good faith to provide quality service in order to promote the business. The free oil change promotion helps bring in customers for the business. Jake has the right to file for worker’s compensation since he was injured on the job. Jake also has an obligation to provide quality service for each car that he services being that he is a certified mechanic. Since Jake is a salaried manager he cannot request that he gets paid overtime. In most cases managers usually have other performance based incentives that are offered since they do not receive pay for overtime. In this scenario Jake and Herman both felt that their position was correct. Although Jake cannot be paid for his overtime he could file workers compensation if he felt that his injury was serious enough. While the promotion was a smart way to bring it customers it could’ve been handled differently. The way that it was handled put a strain on the service department, and there were probably a lot of unhappy customers. There should have been some sort of discussion between the managers to see what would be needed to make the promotion a success. In this meeting Jake could have expressed his concerns, and this situation would’ve been handled before the free oil change promotion would have started. Also before Jake was promoted to manager he should have discussed what his duties would include, and also his benefits. Here he would have found out that he would not be eligible for overtime. If the lines of communications had been opened a lot if these issues could have been alleviated by the employer and employee. References Alexis. W. (2010, September 10). What is Scope of Employment. Retrieved from http://www. wisegeek. om/what-is-scope-of-employment. htm Employment Law: Overtime Pay Exemptions. (2010) Retrieved from http://www. scalaw. com/faqs/wageAndHourLaw/overtimeExemption. php Halbert, T. , amp; Ingulli, E. (2010).

How to Use the Spanish Pronoun Se

How to Use the Spanish Pronoun 'Se' Se is undoubtedly the most versatile of the Spanish pronouns. As you learn Spanish, you will come across se used in a variety of ways, usually meaning one of the -self words of English such as herself or yourself.   Using Se as a Reflexive Pronoun The most common use of se is a reflexive pronoun. Such pronouns indicate that the subject of a verb is also its object. In English, this is usually accomplished by using verbs such as himself or themselves. ​Se is used as the reflexive pronoun for third-person uses (including when usted or ustedes is the subject). Some verbs (as in the final two examples below) can be used reflexively in Spanish even though they arent translated that way in English. Pablo se ve por el espejo. (Pablo sees himself using the mirror.)Los padres no pueden oà ­rse. (The parents cant hear themselves.)Rebecca se perjudica por fumar. (Rebecca is hurting herself by smoking.)Benjamà ­n Franklin se levantaba temprano. (Benjamin Franklin got up early.)Se comià ³ los tacos. (He ate up the tacos.) Using Se as the Equivalent of the Passive Voice Although this use of se isnt technically the passive voice, it fulfills the same function. By using se, particularly when discussing inanimate objects, it is possible to indicate an action without indicating who performed the action. Grammatically, such sentences are structured in the same way that sentences using reflexive verbs are. Thus in a literal sense, a sentence such as se venden coches means cars sell themselves. In actuality, however, such a sentence would be the English equivalent of cars are sold or, more loosely translated, cars for sale. Se abren las puertas. (The doors are opened.)Se vendià ³ la computadora. (The computer was sold.)Se perdieron los llaves. (The keys were lost.)Se prohibe fumar. (Smoking is prohibited.) Using Se as a Substitute for Le or Les When the indirect-object pronoun le or les is immediately followed by another pronoun that begins with an l, the le or les is changed to se. This prevents having two pronouns in a row beginning with the l sound. Dà ©selo a ella. (Give it to her.)Se lo dijo a à ©l. (He told it to him.)No se lo voy a dar a ellos. (Im not going to give it to them.) Using the Impersonal Se Se is sometimes used in an impersonal sense with singular verbs to indicate that people in general, or no person in particular, perform  the action. When se is used in this way, the sentence follows the same pattern as those in which the main verb is used reflexively, except that there is no subject to the sentence that is explicitly stated. As the examples below show, there are a variety of ways such sentences can be translated to English. Se maneja rpidamente en Lima. (People drive fast in Lima.)Se puede encontrar cocos en el mercado. (You can find coconuts in the market.)Muchas veces se tiene que estudiar para aprender. (Often you have to study to learn.)No se debe comer con prisa. (One ought not to eat quickly.) A Caution About a Homonym Se shouldnt be confused with sà © (note the accent mark), which is usually the singular first-person present indicative form of saber (to know). Thus sà © usually means I know. Sà © can also be the singular familiar imperative form of ser; in that case it means you be as a command.