Foundation of Law concerning Employment Assignment

Foundation of Law concerning Employment - Assignment Example In the same way that the employer is legally entitled the profits of an employee’s work, the employer has also a legal liability if the same work results in harm. On the other hand, is someone is injured and needs to be compensated; the legal system makes the victim whole and assigns liability to the employer and not the employee. The employer is therefore liable for any harm caused by their servants acting within the scope of employment. There are various legal theories which the employer may be held responsible for the actions of their employee. The master can be held liable for any harm caused by the employee acting in the scope of occupation. This applies to both employees and to the independent contractors for as log as there is an agency relationship. According to the plaintiff’s attorney, the employer should know that the employee might cause harm. If the employee cause the harm while acting within the scope of employment, his/her employer is liable for damages incurred by the victim. This means that irrespective of the employer’s good intentions, or policies, I the employee cause an injury or harm to anybody within and without the company, while performing within the scope of the employment, the responsibility traces back to the employer. Unlike the vicarious liability, the negligent hiring, retention and supervision arises from actions performed by an employee outside the scope of his/her employment. An example of this liability occurs when the employer is held responsible for criminal conducts of the e mployee. The bases of this liability are upon the carelessness of the employer on hiring a criminal for a piece of work that he expected would endanger the lives of others. This is now recognized as a cause of action by many nations. There elements are required for liability to attach to the master (employer). Firstly, employers who employ individuals must train them in every sector of their job responsibilities, if failing to do so would result to injuries. Â  For example, employees who operate a vehicle should be adequately trained to do so to avoid destructed driving because the risk is foreseeable. Secondly, the employer is responsible for hiring, training and supervising employees. Failure to do so is described as a breach of that duty. Lastly, there must be causation between the injury and the conduct. Â  By virtual of employees using some unnecessary devices at work such as the mobile devices while driving company’s vehicle, the employer is said to have breached his/ her duty to supervise his/her employees and is thus held liable to the accident victims.