03/17/2010 14:43:36truefalsefalse607false1.1falsefalsefalsedefault_0.swf12Slide1Welcome to Unit 7! 1Welcome to Unit 7! 720540falsefalse14slide1.swfSlide2Employment Relations 1Employment Relations One of the most common and important legal relationships is that of agency. Normally, all employees who deal with third parties are deemed to be agents. Independent contractors are not employees because by definition those who hire them have no control over the details of their physical performance. Once principals and agents have created a relationship, both parties have duties that govern their conduct.
Chapters 22, 23 720540falsefalse14slide2.swfSlide3Discussion 1Discussion Grief Brothers Corp., a steel drum manufacturer, owned and operated a manufacturing plant in Youngstown, Ohio. In 1987, Lowell Wilson, the plant superintendent, hired Youngstown Security Patrol, Inc. (YSP), a security company, to guard Greif property and “deter thieves and vandals.” Some YSP security guards, as Wilson knew, carried firearms. Eric Bator, a YSP security guard, was not certified as an armed guard but nevertheless took his gun in a briefcase to work. While working at the Grief plant on August 12, 1991, Bator fired his gun at Derrell Pusey, in the belief that Pusey was an intruder. The bullet struck and killed Pusey. Pusey’s mother filed a suit in an Ohio state court against Greif and others, alleging in part that her son’s death was the result of YSP’s negligence for which Greif was responsible. Greif filed a motion for a directed verdict. What is the plaintiff’s best argument that Grief is responsible for YSP’s actions? What if Grief’s best defense? Explain. [Pusey v Bator, 94 Ohio St.3d 275, 762 N.E.2d 968 (2002] Remember to justify your answer using information from your reading and be sure to:1. Discuss the elements of independent contractor. 2. Discuss whether or not an employer would be liable for the torts/criminal acts of an independent contractor. P. 447,456
Also consider Scope of employment p 458 720540falsefalse14slide3.swfSlide4Assignment 1Assignment In the video that you watched, a grocery clerk brought a woman that had gone into labor to the hospital, using the grocery store’s vehicle. The woman arrived at the hospital in time, but the employee ran over Melnick’s dog. Melnick came to the store to complain to the manager.
Discuss the case. Answer the following questions in your response:
1. Analyze the Doctrine of Respondeat Superior. P 457
2. What factors are considered in determining whether a particular act is subject to Respondeat Superior? (scope of employment, detour frolic p 458) 3. In the scenario, what tort is being used by the plaintiff?
4. What defenses are available to the defendant?
In responding to the question be sure to:
Analyze the Doctrine of Respondeat Superior.
Discuss the factors considered in determining whether an employer will be liable for an
Evaluate the tort in the given scenario.
Discuss the defenses available to the employer under Respondeat Superior. 720540falsefalse14slide4.swfSlide5Case Analysis 1Case Analysis The Milwaukee County Juvenile Detention Center started a new policy that required each unit of the
facility to be staffed at all times by at least one officer of the same gender as the detainees housed at a
unit. The purpose of the policy, administrators said, was to reduce the likelihood of sexual abuse of
juveniles by offers of the other gender. Because there were many more male units in the center than
female units, the policy had the effect of reducing the number of shifts for female officers and increasing
the number of shifts for men. Two female officers sued for gender discrimination. The district court held for the county, finding that the policy of assignment was based on a bona fide occupational qualification
(BFOQ) and so it was not illegal gender discrimination. The female officers appealed. What would be
evidence that the county had a valid BFOQ? [Henry v Milwaukee County, 539 F.3d 573 (7th Cir. 2008)]
In responding to the question be sure to:
Discuss and define gender discrimination. P 481, also 480
Discuss the elements of BFOQ (Bona Fide Occupational Qualification) and how this defense p 486
relates to the above case. 720540falsefalse14slide5.swfSlide6The End! 1The End! 720540falsefalse14slide6.swf