¶ … Jake's actions are in or out of "his scope of employment."
According to the LSU Law Center (1993), "An employee's scope of employment is the activities that the employee may properly carry out and that the employer is expected to supervise." In the most basic terms, scope of employment refers to regular job duties: those duties that are expressly outlined in term of service contracts, job descriptions, and implicit role designation. Using even the narrowest definition, Jake's actions are certainly within the scope of employment. Moreover, "determining scope of employment is important because an employee can collect worker's compensation benefits only for injuries that arise within the scope of employment," (LSU Law Center 1993).
It is impossible to know exactly what Jake means when he states, "I've decided I should do the job the way it ought to be done: thoroughly and perfectly. Doesn't the law require it?" State law would need to be consulted on this issue. However, Herman seems to be agreeing with Jake by stating, "I don't require it. Do a lousy job, just do it quickly." Herman appears to want to cut corners, whereas what Jake is doing remains with the scope of employment.
If, however, Herman can prove that Jake has been acting outside of the scope of employment this would have a bearing on a worker compensation claim. This would be highly unlikely, because Jake refers directly to his certification as an auto mechanic. The auto mechanic certification specifications might hold the key to determining what the parameters of the scope of employment are in this case. If it can be shown that customers receiving an oil change at any price, including free, have the right to know if something else is wrong with the car, then Jake is acting in the scope of employment. Because Jake is a service manager, it is more likely that he has been acting within the scope of his employment than not. "Checking the basics . . . brakes, tires, transmission" is part...
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