Case Analysis : Mitch Landsing 's Flower Garden, Inc. Essay

An employer can be vicarious liable for co-worker harassment under negligence principles if they knew or had reason to know or had reason to know that the harassment was occurring and did not take adequate steps to address the harassment (29 C.F.R. § 1604.11(d); EEOC v. Prospect Airport Servs., Inc., 2010; Porter v. Erie Foods Int'l, Inc., 2009; Barrett, 2006; Mandell, 2005). Employers can also be held liable for harassment by a supervior. (Faragher v. City of Boca Raton, 1998; Burlington Indus., Inc. v. Ellerth,

38. Which of the following describes when an employer is held vicariously liable for the torts of the “servant” or employee if the employee was acting within the scope of his or her employment?

In the district court trial, the jury sided with the plaintiff and ruled that the St. Louis Hockey Club was vicariously liable for the plaintiff’s injuries. The trial court agreed with the plaintiff’s argument that as per the doctrine of respondeat superior, the defendant was liable for their employee’s negligent actions that led to the plaintiff’s injuries. As part of their

1. Using symbolic interaction theory as your guide, explain how the terms “aliens” and “illegals” helped shape public opinion/attitudes in Farmingville towards Latino day laborers. What do these words mean? How did these definitions influence perceptions and behaviors?

2) A liability that may extend from an employee to the employer if the employee is acting within the scope of his or her employment at the time the liability arose is called:

Jose Carcamo et al., Defendants and Appellants in the Supreme Court of California held that tort liability based on negligent hiring and retention is a cause of action distinct from vicarious liability based on respondeat superior. In the case against Jose Carcamo, it was stated he hit a car while driving his truck for his employer, causing Renae Diaz to lose control of her vehicle. The jury awarded Diaz $22.5 million in damages in which Sugar Transport, Carcamo’s employer, was also help liable based on its negligent hiring of Carcamo. Sugar Transport contended that while it is liable for Carcamo’s driving, it should not be held liable for negligent hiring and retention. The court reviewed negligent hiring and retention as theories of liability independent of vicarious liability. The court stated that the liability comes from hiring and retaining an employee who is unfit to conduct his or her duties. Due to the fact that the employer had sufficient enough reason to believe that undue harm could exist with the employment of Carcamo, they were held liable for negligent hiring. Carcamo’s driving history included previous accidents that were relevant to his job assignment. Sugar Transport thus disregarded his past driving record and the danger that could come with his driving for the company. The jury properly considered that evidence when apportioning fault for the

It is likely that Mitch Landsing’s case against R. Thibodeaux Pharmacy will be successful under a theory of respondeat superior. Under the doctrine of respondeat superior, an employer is vicariously liable for the negligent acts his employee commits during the course and scope of his employment. Studebaker v. Nettie 's Flower Garden, Inc., 842 S.W.2d 227, 229 (Mo. App. E.D. 1992); Jones v. Brashears, 107 S.W.3d 441, 445(Mo. App. S.D. 2003). In order for an employer to be liable, there must be evidence that during the time of the negligent or omitted act, there was a master-servant relationship.; Bargfrede v. American Income Life Ins. Co., 21 S.W.3d 157 161(Mo. App. W.D. 2000); Gardner v. Simmons, 370 S.W.2d 367, 359(Mo. 1963).

Mitch Landsing will likely be successful in his suit against R. Thibodeaux Pharmacy for the damages sustained during the car accident with the pharmacy’s delivery driver, Arty Kline.

Respondeat superior is latin for "let the master answer". This is a doctrine that suggests that an employer is responsible for an employees actions. In the United States, most employers are liable for the actions of employees performed during their length of employment. This is necessary and a favorable way to do business in most cases. This ensures that the employee is adquate training and attention. Companies are more likely to invest in their employees and provide them with the necessary training and encourage them to develop their skillset. Respondeat superior is necessary and protects the employee in case of a castrophe, who would ever wise be helpless.

C. Some employees may bring law suits against the employer for a variety of violations.

Note: To make the balance sheet balance, define cash as equal to (Current liabilities + Net worth) – (Accounts receivable + Inventory + Other current assets + Net fixed assets).

Located in a quiet country setting in San Antonio, Texas, Amberton Garden I & II offer one, two, and three bedroom apartments. Highways are just a short distance away, which makes traveling to downtown easy and the complex is not far from some of the best employers in this area. Residents of the complex also find enjoyment that there are many fine dining and entertainment opportunities close by.

The sales volume and market share of Hy Dairies’ gourmet ice cream brand had picked up significantly over the past two quarters compared with the previous year. As the vice president of marketing at Hy Dairies, Syd Gilman credited this achievement to Rochelle Beauport, the assistant brand manager at the time, and decided to reward her with a newly vacated post of marketing research coordinator. Based on his own career experience, Gilman was very much convinced that the marketing research coordinator job would provide Beauport with greater career potential with Hy Dairies. However Rochelle Beauport, being one of the top women and few visible

In a departure from the traditional application of long standing case law, the close connection test was altered. The crucial change was to give rise to vicarious liability if the exchange involved a seamless chain of events . This development came following crucial developments in the Christian Brothers case. Where the vicarious liability relationship was extended to those analogous to employment . The other crucial development arose in Cox. In which Lord Reed extended vicarious liability for a person acting in their own interests. However he stressed the importance of the person acting in the scope of the activities assigned to him by the defendant. The defendant in assigning these duties generates a risk of the tort .

The Mea king Garden is a full self-service restaurant that is located at Downhill Street and the only restaurant along the street. The restaurant will serve a variety of foodstuffs that is considered highly nutritious, delicious, and healthy and targets high-end customers. The food will range from traditional African to Chinese dishes which are recognized all over the world. The coffee section includes serving high-quality coffee and tea which is regarded as high-quality b collection of first-grade tea and coffee from the various distributors.