Vandeley Industries Case Study

Improved Essays
Robin Rogers was involved in a traffic accident at 34th and Peoria in which she was rear-ended by Jerry Stein, an employee of Vandeley Industries. Prior to the accident, Mr. Vandeley asked Mr. Stein to and make two deliveries on his way home. Vandeley Industries employs a deliveryman, but on that day, he was busy with another delivery and unable to make any additional deliveries. It was imperative that the deliveries be made because one of the customers was anticipating the arrival of his delivery for an event he was hosting at his home later that day. Mr. Stein agreed to make the deliveries. He was allowed to leave work a few minutes early for doing so. Mr. Stein traveled to an area near 35th and Riverside to make the first delivery. It was …show more content…
The doctrine of respondeat superior holds that generally an employer is not liable for the acts of its employee unless the servant is acting with the scope of their employment at the time of the incident. Taylor v. Pate, 859 P.2d 1124 (Okla. Civ. App. 1993). In most instances, an employee traveling either to or from work is not considered to be acting within the scope of their employment. Id.; Skinner v. Braum’s Ice Cream Store, 890 P.2d 922 (Okla. 1995). However, the court has recognized exceptions to the “coming and going” rule. An employee is acting within the scope of employment when the employer instructs the employee to render a service or complete a task or if the trip would confer an incidental benefit to the employer and the employee has not completed the task. The location of the incident may provide further evidence to establish that the employee is acting under the direction of the employer if it occurs in a location that the employee would not have been in if not for the employer’s direction. Jerry Stein was acting within the scope of his employment when traveling from work because he acting under the direction of his employer when he was making the two deliveries to clients on his way home from work when he was involved in an automobile accident with Robin …show more content…
v. Burchette due to the fact that it presented facts similar to that of the Skinner case. In Haco, it was routine that members of a drilling crew car pool to work. The member of the team who was to drive for that day was expected to provide water and ice at the work site. On one morning, the driver who was responsible for driving the crew for that day picked up two members of the crew, procured the ice and water for the day and was on the way to the site when he was involved in accident. When the accident occurred the employee was not driving a vehicle owned by the employer, the work shift had not yet begun, and he was not being paid. However, the court held that the driver was acting within the scope of employment at the time of the accident. The court reasoned that because the water and ice the employee was delivering was essential to the workforce, the employee was conferring an incidental benefit upon the employer, and therefore, was acting within the scope of

Related Documents

  • Improved Essays

    Rice’s facts, it will be argued that the covenant not to compete does no greater than is required to protect the legitimate interests of the employer. The court ruled in Bdo that a national accounting firm was not a unique or extraordinary business because the services provided were widely available elsewhere and it was greater than necessary to restrict the employee from competing with all people who required accounting services. 690 N.Y.S.2d at 858. However, Ms. Rice and Suffolk Speech provide inherently unique and extraordinary services in that there are very few places of business in the area that provide such services. It would be difficult to argue otherwise.…

    • 2550 Words
    • 11 Pages
    Improved Essays
  • Improved Essays

    I was a bit down after that revelation until I found my dad working on the truck, he calls me over and he says this to me ‘well yesterday was a pretty crazy day huh! It’s a good thing we stood together as a family right?’ Family that keyword, I realize that’s what makes me who I am and I am what makes my family. Is true I couldn’t read the stars like my grandpa but he was there to help me when I was lost in the dark. I also didn’t know how to jury rig a car but my dad was there to show me a few tips and get the truck started. Even though my granddad and dad couldn’t work an ATM machine I was there to help them out when they were a little confused.…

    • 1212 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Question 1, Page 628. According to Reynolds, “arbitrators are generally reluctant to sustain discipline for off duty conduct unless there is some nexus or connection to the job” (Reynolds, 2010). Generally an employee’s conduct while off duty or away from the place of business is viewed as personal matters and the company has no business interfering with employee’s personal lives. It is just cause discharge if it is established that the employees misconduct off duty adversely affects the employers reputation or when the off duty misconduct leads to the refusal or inability of other employees to work with the employee on the job. Question 2 Page 628.…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    As the owner of the truck grabs his belongings out of the glove compartment, there’s a black and white photo of him as a child with his father and the truck is in the background. Now saying that, the other message that Chevrolet is trying to send is an emotional one. The moment the owner looks at the photograph, it seems like all his memories as a child with the truck came back to him. So, owner signs a blank check and hands it to the mechanic and tell him to just fix the truck. The message is, no one can put a price on precious…

    • 889 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Under the National Labor Relations Act (NLRA), it is illegal for an employer to question an employee about their union support or activities in a manner that discourages them from engaging in that activity. However, if you find that employees are engaging in union organizing on company grounds during work periods, you are entitled to stop them. According to HR.com (2000), “You should indicate to such employees that they are not authorized to engage in union activities on company premises during their work period. Engaging in union activities includes oral communication about union matters, efforts to persuade employees to sign membership cards, and discussions about unionization. Such activities are generally permitted, however, when the employee is not working--i.e., during lunch or coffee…

    • 986 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    UNIQLO Case Study

    • 766 Words
    • 4 Pages

    As I already mentioned, when I asked some information about the shirt, the shop assistant cannot give the information immediately. Although she provided the information after she checked it, she let me find the shirt by myself, which may cause customers think the shop assistants ‘s knowledge and courtesy and their ability cannot support to inspire trust and confidence. In other words, customers might think shop assistants in UNIQLO provide service without assurance. Therefore, it is not difficult to understand that the shop assistants in UNIQLO lack of empathy, because they cannot give individualized attention to customers. In my opinions, the shop assistants are too busy to treat customers.…

    • 766 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    If you keep you policies and producers update with federal and state laws and regulations. Some of the behaviors and situations that happen regarding treatments of employees, suppliers, and economic impact on communities would have never happen. If some of the concerns that took place came up there should have been some type of agreement when they could have a middle ground where everyone benefit from the situation. Some prime examples if there was a check and balance system and policies in place there should have not been any stealing of funds and using the company funds for personal use. The human resource department should have pick up on that.…

    • 700 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    John Gacy Case

    • 1893 Words
    • 8 Pages

    On numerous occasions, Gacy had been questioned by the police, but failure to investigate into the contractor’s past, allowed him the opportunity to continue his killing spree. If the police had done a thorough background check each time Gacy’s name was brought into question by the parents of the missing victims, he may have been able to be stopped much earlier than December of 1978. For example John Butkovich was a sixteen year old boy, who had worked for John Gacy at his construction company. Numerous young men who worked for Gacy would show up to work for him one day, and be vanished the next, as was the case with Butkovich. Although many individuals noticed this pattern, such as John’s neighbors, Gacy simply explained it away, and would replace the youth with another teenage boy days later.…

    • 1893 Words
    • 8 Pages
    Superior Essays
  • Superior Essays

    Union Productivity

    • 1014 Words
    • 4 Pages

    The NLRA (National Labor Relations Act) does not require an election at the end of a designated term—such as a given time period or after the expiration of a contract—to allow workers to decide whether they want to continue being represented by the incumbent union or not. In fact, some workers may never get the opportunity to decertify a union they don’t want representing them.” With unions claiming to fight unfair treatment to employees, it seems odd that many do not even allow elections to take place. If someone is forced into union membership, wouldn’t it make sense to allow them their due process in finding the best person to represent…

    • 1014 Words
    • 4 Pages
    Superior Essays
  • Great Essays

    New Mexico Case Study

    • 5213 Words
    • 21 Pages

    As here, the employee’s previous work history was completely satisfactory, and there was no evidence that the employer’s business interests had been affected. Alonzo should be compared with Trujillo v. Employment Security Department, 105 N.M. 467, 471–72, 734 P.2d 245, 249–50 (Ct.App.1987), which held that failure to report for overtime work pursuant to an employment contract provision allowing the employer to draft employees in emergency situations constituted misconduct, when the evidence demonstrated that the orders directing employees to report early to work were explicit and not confusing. In Trujillo, unlike Alonzo, failure to comply with the employer’s request was recognized as having significantly affected the employer’s interest. See also Thornton v. Dep’t of Human Resources Dev., 32 Cal.App.3d 180, 107 Cal.Rptr. 892 (1973) (refusal of restaurant employee to shave beard immediately or be terminated was not misconduct when employer failed to show that beard was unsanitary or otherwise detrimental to business); cf.…

    • 5213 Words
    • 21 Pages
    Great Essays