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Duty of care

Explain whether Jake's actions are in or out of his scope of employment.
Explain whether or not Herman is responsible for Jake's injury.
Explain whether or not Jake should be paid the overtime.
Explain the rights Jake and Herman have individually in this scenario.

Video 38: Employer's Duty of Care and Issues of Compensation - Script
FADE IN-INTERIOR AUTO DEALERSHIP SHOW ROOM-DAY

Herman is in his shirt sleeves. In the BG we SEE Shelly talking with a customer-the salesroom is busy. Our older actress, who plays various roles, is here playing Sally, a saleswoman. She is also busy, and all our characters look tired.

FAVORING SHELLY-who sprints across the sales floor to Herman.

Shelly Herman! What do you say we sell the blue jade Ultima for fifteen five?

Herman That one have the extended option package?

Shelly Yes. Herman Okay. Sounds fine.

A BEAT-a change of mood. Herman looks at Shelly in a knowing way.

Herman (continued) This is working. Look, we offer them a free oil change . . . everyone wants to take advantage of it . . . and while they're waiting for their car to be serviced, they come into the show room and check out all of our new models.

Shelly You're right, Herman. This was a good idea . . . but take a look out at the lot.

ANOTHER ANGLE-on Herman and Shelly, as they look out the salesroom windows.

Shelly All those cars are waiting to be serviced. My goodness, there must be, what, more than twenty of them . . .

Herman What's wrong with the service department?

ANOTHER ANGLE-as Herman spins around, grabs the phone off the nearest desk, punches the intercom button, and we HEAR:

Herman (on intercom) Jake, I need to see you pronto.

Shelly It's going to mess up the whole promotion.

Herman He may already have.

ANOTHER ANGLE-Jake, the service manager, comes into the show room. (Note: Jake is a sixty-year-old man. He wears thick glasses, a Rally Motors cap, and the overalls of a service manager.) Jake takes off his glasses and rubs his eyes. He's dirty, greasy. There are dark circles under his eyes. He's been working long hours-too long. Now Jake rubs his back. He has arthritis, and working under cars hurts it. Now Jake leans against one of the new cars and looks at his hand, which has blood on it.

ANOTHER ANGLE-as Herman sees Jake.

Herman What's happening? We've got twenty cars backed up, waiting for their free oil change.

Now Jake has leaned against one of the new cars on the show room floor, and Herman has also noticed that Jake's thumb is bleeding.

Shelly Oh Jake, what happened to your thumb?

Jake I tried to tighten my thumb with a torque wrench.

Herman moves Jake off the car while Herman pulls out his handkerchief and wipes the car.

Herman You see those cars waiting for their oil change?

Jake looks out the window.

Jake Yeah . . .

Shelly Well, what's the problem? Why are you all backed up?

Jake Because I'm doing a thorough job. Any car leaves the shop, I want to make sure that there isn't anything wrong with it. So I'm also checking the basics . . . brakes, tires, transmission.

Herman You're just supposed to change the oil, not prepare them for the Indy 500!

Jake I've decided I should do the job the way it ought to be done: thoroughly and perfectly. Doesn't the law require it?

Herman I don't require it. Do a lousy job, just do it quickly.

Jake I can't do that. As a certified auto mechanic, I have certain standards to live up to.

Herman Those standards are for aircraft mechanics, not car guys. You're involved in a work slowdown.

Off Herman's remark: Jake is angry, and yes, he's involved in a work slowdown. Now Jake looks at his thumb.

Jake Suddenly . . . my thumb feels numb. I should probably go see a doctor right away. There might even be a workers' compensation case here.

Herman suddenly gets the picture. He spins and faces Jake.

Herman You're trying to hold me up?

Herman looks out the window at the cars. A BEAT-and a change of mood: Herman becomes practical.

What do you want, Jake?

Jake I've been working overtime for two days while this free oil change deal has been going on. You want to give away free oil changes, I want to be paid for my overtime.

Herman You were just promoted to service manager. You're part of the Rally management team. We don't get paid overtime.

Jake Yeah, but I'm still doing the same work.

Herman Okay. I'll give you a couple of days off next week with pay. That satisfy you?

Jake No, it doesn't. I want overtime pay.

Herman All right, I'll pay you an extra five dollars for every car you service today.

Jake looks at Herman-Jake has had it.

Jake You know, I don't feel so good. I think I hurt my thumb because the manager forced me to work extra hours and I got so tired I couldn't tell the difference between my thumb and a spark plug.

Herman You're trying to blackmail me.

Jake No. You're blackmailing me! Holding my job over my head.

Herman (over Jake's last line) No one blackmails me! There's an important principle involved here. If I have to, I'll change the oil on those cars myself.

Jake Be my guest.

ANOTHER ANGLE-as Jake puts the torque wrench in Herman's hands and goes over and looks out the window, leaving Shelly and Herman alone.

Shelly What now?

Herman You know how to change the oil on the new Q45 with the new V8 engine?

Shelly No. I don't know how to change the oil on my own car . . . and I'm not about to learn either, Herman. Herman Changing oil? Anyone can do it. Shelly Then why do you pay Jake full salary and benefits, while all the rest of us are working on commission?

Herman Maybe he should be on commission. After all, these new cars are designed to be easily serviced. That's what it says in our ads.

ANOTHER ANGLE-as Herman hefts the torque wrench in his hands and looks at Shelly with a determined glint.

Herman I've been selling cars for thirty years. It's about time I learned how to service them.

A BEAT-CLOSE ON Herman.

How hard can it be?

ANOTHER ANGLE-as Herman strides out to the service area, to do battle with the cars.

ANOTHER ANGLE-as Shelly goes over to Jake.

Shelly Jake! Let me take a look at your thumb.

Shelly looks at the thumb.

Shelly (continued.) I give him ten minutes. Jake I give him five.

Shelly pulls a bandaid out of her purse and begins to peel it.

Solution Preview

Hello. I provide the following to assist you.

Explain whether Jake's actions are in or out of his scope of employment. In terms of performing the work previously and hurting his hand, I think that Jake's actions were completely in the scope of his employment. I believe that Jake was ensuring that all mechanical issues with the cars were being taken care of in order to ensure consumer safety. Many companies change the oil and check other problems. Unless there was a specific statement by Rally Cars not to check other things, and solely to ...

Solution Summary

This solution discusses duty of care and compensation.

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