Employers Duty of Care Essay Example

Employers Duty of Care Essay Employer’s Duty of Care To what extent are employees required to perform their job with a duty of care? We all know that corporate officers have a duty of care to the corporation that they are employed by. They have an obligation to perform their duties with the care that a person in a like position would reasonably exercise under similar circumstances (Halbert amp; Ingulli, 2010, p 52). As a fellow employee down on the totem pole, we are held to the same standard to act in good faith in whatever position that we hold. Our employers also have that same duty to take care of the employees that perform the day to day tasks to make the company successful. Whether it is through extra time off, increase in pay, or better benefits employers have an obligation to their employees. The relationship that employers have with their employee requires that duty of care is displayed by both parties. 1. Explain whether Jake’s actions are in or out of â€Å"his scope of employment. † In the video Jake, the service manager, provided a basic inspection of the cars along with the oil change. While the promotion only required a free oil change the inspection was within his scope of employment. Scope of employment refers to anything a person does in the ordinary course of doing his or her job (â€Å"Scope of Employment†). Generally, an act will be considered part of an employee’s employment if it is committed while he or she is performing services for the company or incident to the provision of services for the company (Segal, 1994). Herman (the employer) does not require Jake to do the inspections, but since Jake is professionally certified he must provide a duty of care and duty of loyalty to the business and its customers. We will write a custom essay sample on Employers Duty of Care specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Employers Duty of Care specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Employers Duty of Care specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Since Jake is certified it means that he stands by his work, and that he is competent to work as a mechanic. After the inspections Jake could find something wrong and that could potentially bring more business to Herman’s car dealership. 2. Explain whether or not Herman is responsible for Jake’s injury. Since Jake was injured on the job Herman would be responsible for Jake’s injury. Jake would be covered under the worker’s compensation program. Workers’ compensation is a form of insurance that provides compensation medical care for employees who are injured in the course of employment. In exchange the employee relinquishes the right to sue the employer for the tort of negligence (Workers Compensation 2010). The worker’s compensation program is a national program, but its laws vary state to state. If Jake decides that his injury is severe enough he did the right thing by having Herman acknowledge it. Also Jake should go to the hospital or visit his doctor to take a look at his injury. This would be in his best interest so that is documented, and no red flags would arise when the state workers compensation board reviews his claim. . Explain whether or not Jake should be paid the overtime. Since Jake is a service manager he is not entitled to be paid overtime. More than likely since Jake is part of the Rally management team he is probably getting paid a salary. Overtime is usually for hourly or non-exempt employees. Salaried employees are also eligible for overtime unless the fall under one the following exemptions. * Executives/Managers * Administrators * Prof essionals * Computer Professionals * Outside and Commissioned Salespersons (Employment Law, 2010). In order for Jake to be paid overtime he would have to make less than $455/week and none of the exemptions above could apply to him. 4. Explain the rights Jake and Herman have individually in this scenario. In this scenario both Jake and Herman have individual rights being employee and employer. As the employer Jake has the right to expect for employees to work overtime in order to get the job done. Herman has the right of duty of care to the business. Herman must act in good faith to provide quality service in order to promote the business. The free oil change promotion helps bring in customers for the business. Jake has the right to file for worker’s compensation since he was injured on the job. Jake also has an obligation to provide quality service for each car that he services being that he is a certified mechanic. Since Jake is a salaried manager he cannot request that he gets paid overtime. In most cases managers usually have other performance based incentives that are offered since they do not receive pay for overtime. In this scenario Jake and Herman both felt that their position was correct. Although Jake cannot be paid for his overtime he could file workers compensation if he felt that his injury was serious enough. While the promotion was a smart way to bring it customers it could’ve been handled differently. The way that it was handled put a strain on the service department, and there were probably a lot of unhappy customers. There should have been some sort of discussion between the managers to see what would be needed to make the promotion a success. In this meeting Jake could have expressed his concerns, and this situation would’ve been handled before the free oil change promotion would have started. Also before Jake was promoted to manager he should have discussed what his duties would include, and also his benefits. Here he would have found out that he would not be eligible for overtime. If the lines of communications had been opened a lot if these issues could have been alleviated by the employer and employee. References Alexis. W. (2010, September 10). What is Scope of Employment. Retrieved from http://www. wisegeek. om/what-is-scope-of-employment. htm Employment Law: Overtime Pay Exemptions. (2010) Retrieved from http://www. scalaw. com/faqs/wageAndHourLaw/overtimeExemption. php Halbert, T. , amp; Ingulli, E. (2010).

7 negotiation tips for Millennials

7 negotiation tips for Millennials When you’re just starting out, negotiating may seem like some far-off point in your career: something you’ll do in your life eventually, like buy a minivan or start watching CBS procedural dramas. After all, you don’t have years of experience to use as leverage yet, right? Wrong! I don’t know how you feel about sensible family car choices, but negotiating in your work life is definitely something you should do now. There’s no magic rule that you must have a certain amount of experience or a particular level of work gravitas. And in fact, the more familiar you become with the process now, early in the game, the more potent your negotiation skills will be as you advance in your career.Why you should negotiateWhen employers make a job offer, they usually expect a little haggling these days. The offer may be at the lower end of a range for them, and why not? They have nothing to lose here: they have a good candidate on the line. If that person accepts t he offer straight away, they got a solid deal at the low end of the range. If that person negotiates up, the company is still likely within the scope of what they expected to pay. But it’s important to remember that you aren’t likely to lose much here either: as long as you negotiate reasonably and civilly, they’re probably not going to yank the job offer just because you tried to negotiate in the first place. And you do have the potential to make this sweet job offer even sweeter, either with more money or more perks.Negotiation also establishes a couple of things up front, before you even start the job: 1) that you’re a confident person who knows your worth; and 2) that you want to maximize your salary and benefits. The higher your starting salary is, the more you’ll be able to get when it comes to percentage-based raises and bonuses. Think of it as a professional investment that you can make now.When you should negotiateIt may be tempting to tal k about salary in a job interview, in a show of confidence- or even just curiosity to see if this job is going to be worth your while. Resist that urge. (And if the interviewer tries to sneak in their own stealth salary questions, here’s how to get around them.) Get past the application, the interview, the second interview, all of it†¦wait until you have a job offer in hand, with a salary attached as a starting point.Alternatively, you can negotiate when you already have a job, but feel ready for a raise or a promotion. Whatever the circumstance, it’s the same basic process: prepare, ask for what you want, and be ready for the back-and-forth.Tips for negotiatingLet’s look at some tips to help you build your negotiation skills and get ready to bargain with your employer. The more prep work you do now, the more ready you’ll be when it comes time- you don’t want to waste any time once you have that offer letter.1. Be prepared with an elevator pit ch.This is your headline, basically. Based on my previous experience managing social media, I was hoping to see a salary of $X. Your elevator pitch in this case summarizes why you’re worth the extra salary. I want and I need aren’t going to get you very far here- the employer isn’t concerned with what your preferences are. They want to make sure that you bring value in exchange for the extra salary bump or incentives added to your offer package. The more you emphasize those qualities in the negotiation process, the higher your chances of success.And this is especially important if you’re negotiating a raise at your existing job. The question of why is going to be one of the first you’ll need to tackle. Wanting a raise is all well and good (who doesn’t want one), but you need to show that you deserve it too.2. Be specific and realistic.This is where you should have a sense of what you’re worth. And I don’t mean that in a â€Å" my mom thinks I’m priceless† kind of way. I mean it in a â€Å"this is what people at my level in this field can make† kind of way. Once you know what you can reasonably expect, you can come up with specific dollar amounts as a counteroffer. Unrealistic counteroffers, just for the sake of seeing what you can get, are not likely to be met with success. Do your research- a search of similar positions on Glassdoor or Salary.com can often give you a good sense of what the market-level salary is for your new or current job. Use that knowledge to come up with a realistic range for your salary. It’s okay to reach a little in your counteroffer, but make sure it’s within a realistic range.3. Think outside the salary box.You know you can negotiate for more than just salary, right? When you get a job offer, you may also receive information on company policies, benefits, etc. Core benefits like insurance coverage and retirement savings plans may be set in stone , depending on your new company’s policies. However, you might be able to negotiate additional vacation or personal days, or work-from-home flex time. If the company seems pretty intractable on a salary bump, think about other ways you might be able to negotiate a more appealing package. But again, the key is being realistic. A junior employee is not likely to score an extra week of vacation up front, but if you think there’s wiggle room on time off, work that into your negotiation.4. Know what your limits are.Part of being realistic about your negotiation means having a dealbreaker in mind as well. It’s not defeatist to think about what could make you walk away from the negotiating table. You should decide ahead of time what your minimum is for this job. Maybe it’s the same salary as you make now. Or maybe you truly don’t want the job unless you can get a 2% raise over what you’re making now. Whatever the case may be, have that â€Å"last chance† number in mind before you get started. That way, if the negotiating drags on and you don’t see the company offering more than the bottom of your range, consider walking away and turning down the offer.5. Don’t panic.Once you’ve started negotiating, you may feel a little jumpy, like you overstepped your bounds. That can lead to accepting a counteroffer too quickly, just to get the process over with. If you’ve done your due diligence and have your range in mind, you know what you can realistically get. If the company indicates that they’re standing firm, then it’s time to accept (or reject) and move on.6. Keep it civil.A little confident swagger can be good when you’re negotiating. You know what’s not good? Threatening to take your ball and go home. It may seem like a baller move, but this is not the place to make ultimatums or threats. When you’re negotiating salary or a raise, both you and the company are d oing it in good faith, with the goal of finding an employment package that works for both parties. If you blatantly threaten to walk away if they don’t meet particular demands, then you just may find the job offer rescinded anyway. Or if you’re negotiating a raise and threaten to quit if you don’t get your way, you risk doing irreparable damage to your relationship with your boss and company. Always keep the tone civil and friendly, even when you’re making bold requests.7. Keep an eye on the clock.This isn’t necessarily a speed event, but you don’t want this to drag out. You want the job, and the company wants someone in the job as soon as possible. Try not to sit on any offer for more than a day without checking in with the company, or letting them know your decision timeline. When you get an offer, it’s fine to say, â€Å"I’d like to take a day to consider this offer. Is it okay if I get back to you on Wednesday?† Or à ¢â‚¬Å"I’m traveling this weekend. Okay if I let you know on Monday?† That way, the company knows you haven’t disappeared, and that you’re considering the next move.Negotiating is a process that you want to be familiar with as early in your career as possible. If you’re realistic and do your research, there’s no reason why you can’t be an advocate for your financial interests as a junior employee. Again, there’s no magic line where you can start negotiating, so why not now?

Pursuit of happiness Essay Example | Topics and Well Written Essays - 1000 words

Pursuit of happiness - Essay Example According Jon Krakauer, McCandless was a member of well-off family, belonging to the upper middle class who could not have possibly lacked in material provision (Krakauer, 12). However, he chose to leave this life of comfort, ventured into the wilderness and severed ties with his family immediately after his graduation, only to be discovered dead in 1992 (Krakauer, 7). Henry David Thoreau also sought to separate from the world of abundance and provision, and learnt to live a simple life and a life of self-sufficiency for a period of two years to search for essence of life (Thoreau, 2). Therefore, the actions of these two individuals serves to show that the pursuit for happiness is characterized by separation from material provision, so that an individual can learn the essence of life outside of the comfort that is created by materiality. The materiality concept causes people to lose touch with the essence of life, rather becoming more engrossed in the accumulation of the material wea lth, while failing to celebrate life itself. The tranquility of mind is a basic necessity for achieving true happiness (Pursuit-of-happiness.org, n.p.). The tranquility of mind on the other hand is achievable in a state of solitude. Solitude as a core element of self-awareness and realization is an important component in the pursuit for happiness. The actions of the three outsiders serves to show that solitude is the fundamental step towards deep reflection of life, capable of developing the meaning of life, in a manner that social life cannot be able to do. This is because; social relationships come with responsibilities which hinders free existence and the exploration of leisure (Thoreau, 77). Therefore, it is only by managing to stay away from social relationships that an individual can manage to dream fully, experience unlimited leisure and freedom. The same case is identifiable in the lives of both