Mgmt 597 You Decide Week 5

989 Words Apr 16th, 2013 4 Pages
Week 5 - You Decide

Factual Summary
Coleman is an employee for Software INC, which requires him to spend the majority of his time traveling to meet customers with the objective to sell security equipment to businesses and bars. While on a sales trip in March of 2008 in Smalltown, Colorado, Coleman decided to steal a ring for his wife as an anniversary gift. Afterwards, Coleman met John, his client, at Jimmy’s Poor-Man’s Bar. While in Jimmy’s Poor-Man’s Bar. While in Jimmy’s, Coleman attempted to do a trick that consisted of lighting pre-grain alcohol on fire. As a result, the bar sustained major damage and a fireball went through the room and killed Jimmy. Software, INC terminated Cole without his account of what happened, which
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When Coleman stole the ring, it was for his own personal interest which relieves the company of their liability.
Wrongful termination is “the termination of an agency contract in violation of the terms of the agency contract” (Cheeseman 2010 p.468), Software INC states in their employee handbook that all employees are required to be interviewed upon termination. Since Software INC failed to give Coleman his interview, he can sue them for wrongful termination and seek to recover damages.
Software INC has a duty of notification of termination of the agency to all third parties. Parties who dealt with the agent and have knowledge of the agency should have been notified of Coleman’s termination and since John wasn’t notified Coleman still has the apparent authority to bind Software INC to a contract between Software INC and John. So not only will Software INC be liable for the restaurants tab, but they will also be liable for John’s injuries caused by Coleman because the injuries occurred during a business meeting (Cheeseman 2010 p.468).

Analysis/Conclusion
Software INC isn’t liable for the cost of the ring stolen by Coleman, although Coleman was on a business trip at the time that he stole the ring. Software INC had no knowledge of the ring being stolen nor did they permit the action for business purposes. Therefore, Software INC would be protected under the doctrine of frolic and detour and not be…

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