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The California Supreme Court ruled that an employer will be liable for injuries sustained by individuals due to the negligent driving of one of its employees, stating the following: A person injured by someone driving a car in the course of employment may sue not only the driver but that driver's employer. The employer can be sued on two legal theories based on tort principles: respondeat superior and negligent entrustment. Respondeat superior, a form of vicarious liability, makes an employer liable, irrespective of fault, for negligent driving by its employee in the scope of employment. The theory of negligent entrustment makes an employer liable for its own negligence in choosing an employee to drive a vehicle.
Explore types of principal-agency relationships and determine what type of relationship exists in this case between the driver, Jose Carcamo, and the company, Sugar Transport of the Northwest, LLC. What course of action do you recommend with respect to the lawsuit and Carcamo's employment? Does Sugar Transport's Human Resources department have any responsibility for their role in hiring Carcamo? If so, what other employment law issues do you find legally problematic concerning the hiring of Carcamo? Identify them and explain the legal issues and laws that were violated.
Include justification for your responses by citing applicable laws and/or legal cases in your discussion.
According to Paul and Elder, most people watch the news for this reason. Critical consumers of the news are hard to manipulate because they do all of the following EXCEPT: When constructing a news story for an audience, those who create the story are..
The J&B Card Shop sells calendars featuring a different Colonial picture for each month. The once-a-year order for each year’s calendar arrives in September. From past experience the September-to-July demand for the calendars can be approximated by a..
What effects, if any, do you see these actions as having on performance, absenteeism, lateness, turnover and "organizational citizenship" behavior?
How much would the variable cost per unit have to be in Year 5 for the automated alternative to justify the additional annual fixed cost of the automated alternative over the manual alternative?
What kind of insurance will she (or the firm, on her behalf) need to buy because of her professional activities? How will this protect her and the firm?
Is this a sustainable business model for their global supply chains?
Define wrongful termination. Describe how an employer can avoid wrongful discharge suits.
Identify ways a company can move from a ‘‘commodity’’ position to one of a cost and/or value advantage. Is a commodity position always bad and how can companies differentiate themselves in this position?
Last year's monthly production averaged 19,000 units using one 8 -hour shift and a five day week. The defect rate was 12%. Changes to the production methodology has resulted in a 23, 000 monthly production average with an 8.5 % defect rate. What is t..
What is the difference between ambiguty and uncertainty context "advance project management ". Why is it important to provide effective communication about employee benefits. What is a Right-to-Work law? What does everyone think about Right-to-Work l..
Assume we have: Rabbits and Foxes in a forest. There are no constraints or limitation on the forest or food for the rabbits. Rabbits initial population is R>500 and foxes initial population is F>500. Build the casual loop based on these assumption, D..
Imagine you are a new employee in a human resource (HR) department. Your first task is to develop a stress management seminar for the employees.
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