28.1 b a c kn e x t h o m e chapter 28 objectives recognize how the relationship of employer and...

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28.1 b a c k n e x t h o m e Chapter 28 Objectives Recognize how the relationship of employer and employee arises. Identify the statutory modifications of an employer’s defenses under the common law. Describe the liability of an employer to third parties for acts of employees. Name the duties an employee owes the employer. © 2002 West Educational Publishing To accompany Law for Business, 14e, by Ashcroft and Ashcroft

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28.3 b a c kn e x t h o m e Duties and Liabilities of Employers Explain what is meant by:  Duty to exercise care.  Duty to provide reasonably safe place to work.  Duty to provide safe tools and appliances.  Duty to provide competent employees for the task.  Duty to instruct employees as to any possible dangerous nature of employment. Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss

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Page 1: 28.1 b a c kn e x t h o m e Chapter 28 Objectives  Recognize how the relationship of employer and employee arises.  Identify the statutory modifications

28.1

b a c k n e x th o m e

Chapter 28 Objectives Recognize how the relationship of

employer and employee arises. Identify the statutory modifications of an

employer’s defenses under the common law.

Describe the liability of an employer to third parties for acts of employees.

Name the duties an employee owes the employer.

© 2002 West Educational Publishing To accompany Law for Business, 14e, by Ashcroft and Ashcroft

Page 2: 28.1 b a c kn e x t h o m e Chapter 28 Objectives  Recognize how the relationship of employer and employee arises.  Identify the statutory modifications

28.2

b a c k n e x th o m e

Employer/EmployeeRelationships

Contracts arise only from a contract of employment.

Parties seldom mention contract period; terms of compensation determine the contract period.

Terms other than compensation are determined by custom, law, and union contracts.

Page 3: 28.1 b a c kn e x t h o m e Chapter 28 Objectives  Recognize how the relationship of employer and employee arises.  Identify the statutory modifications

28.3

b a c k n e x th o m e

Duties and Liabilitiesof Employers

Explain what is meant by: Duty to exercise care. Duty to provide reasonably safe place to

work. Duty to provide safe tools and appliances. Duty to provide competent employees for

the task. Duty to instruct employees as to any

possible dangerous nature of employment.

Let’sDiscuss

Let’sDiscuss

Let’sDiscuss

Let’sDiscuss

Page 4: 28.1 b a c kn e x t h o m e Chapter 28 Objectives  Recognize how the relationship of employer and employee arises.  Identify the statutory modifications

28.4

b a c k n e x th o m e

Common-Law Defensesof the Employer

Contributory Negligence Rule

The Fellow-Servant Rule

Assumption-of-Risk Rule

Page 5: 28.1 b a c kn e x t h o m e Chapter 28 Objectives  Recognize how the relationship of employer and employee arises.  Identify the statutory modifications

28.5

b a c k n e x th o m e

Statutory Modificationof Common Law

Modification of common-law defensesWorkers’ Compensation

Allows an employee or beneficiary to recover damages for injury or death.

Does not consider employee negligence a factor.

Occupational Safety and Health ActApplies to every business conducting

interstate commerce except governments.

Page 6: 28.1 b a c kn e x t h o m e Chapter 28 Objectives  Recognize how the relationship of employer and employee arises.  Identify the statutory modifications

28.6

b a c k n e x th o m e

Employees’ Duties to Employers

Job performanceEmployees must perform their jobs

faithfully and honestly to advance employer’s interests.

Business confidentialityEmployees must not divulge any

sensitive business matters.Granting of right to use inventions

Inventions belong to the employee who devised them, but the employer has the right to use the invention without charge.

Page 7: 28.1 b a c kn e x t h o m e Chapter 28 Objectives  Recognize how the relationship of employer and employee arises.  Identify the statutory modifications

28.7

b a c k n e x th o m e

Social Security ActYes or no - can the following receive

Social Security benefits? People who are over 65 and retire from

the workforce Yes Farmers and self-employed business

people Yes Samuels, age 66, who hasn’t yet applied

for benefits No

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