Employment Law Essay

Total Length: 979 words ( 3 double-spaced pages)

Total Sources: 1+

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Lofty Lawn

What is Sarah's theory?

Will she succeed?

Sarah's theory is that Will Worker who collided in and damaged her4 car, is an employee of Larry's business, "Lofty Lawns." Since he is unable to pay for repairs of her car, her theory is that that his employers Larry's business, "Lofty Lawns" should pay for it and cover him.

She will not succeed, since the employer of Larry's business, "Lofty Lawns," has made each of his employees independent and hired them as their own workers. "He requires them to sign an "independent contractor" agreement that acknowledges they are independent contractors, not employees. " Wanting to keep costs to a minimum, Larry has each worker buy his own van, as well as maintain their own vehicle liability insurance (and show proof of insurance), and to pay for their own gas and truck maintenance. Will should have been responsible for this. Since he failed, Lofty Lawns is not to blame.

The only case, in which Larry Lawns may be held to blame, is if he intentionally hired a worker whom he knew to be careless with driving, or if he did not consult the employees' driving record.

Generally, an employer is not liable for an employee's criminal or tortious act, whether negligent or intentional... An exception exists in the case of a claim of negligent hiring. An employer may be held responsible for the criminal or wrongful acts of [his] [her] [its] employee, even if those acts occur outside the scope of employment, if the employer was negligent in the manner in which [he] [she] [it] hired, supervised or retained an inappropriate or unfit employee.
(NEGLIGENT HIRING (4/07) If this were the case, Sarah can appeal.

2. TLC Pet Care (see attachment)

a. Are these policies at TLC Pet Care Centers in compliance with the law?

b. If not, why not?

TLC requires that employees show knowledge of all the parts of the animal before being hired as well as passing a psychological test that indicates that they do not get easily aroused. Employees too have to submit to a polygraph test in the event of any possible accident. None of these tests are controversial although the polygraph test is questionable in its effectiveness.

The only test that is controversial is the drug test that every employee must pass a drug screening test prior to being employed, in order to insure a drug-free workplace.

Although legitimized in the U.S., there are still struggles about taking the test and the test has been a long time in passing. However, its efficacy has been reported. According to a co-study done by DATIA and Society for Human Resource Management in 2012, human resource professionals reported that after implementing a drug testing program in a sample of 6,000 randomly selected human resource professionals the following results were reported: 19% of companies experienced an increase in employee productivity, 15% reported decrease in absenteeism, 56% reported improvement….....

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