28.2 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.
28.3 Employer/Employee Relationships 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.
28.4 Duties and Liabilities of Employers Duty to exercise care Duty to provide reasonably safe place to work Duty to provide safe tools Duty to provide competent employees for the task Duty to instruct employees as to any possible dangers
28.5 Common-Law Defenses of the Employer Contributory Negligence Rule The Fellow-Servant Rule Assumption-of-Risk Rule
28.6 Statutory Modification of Common Law Workers’ Compensation Allows an employee or beneficiary to recover damages for injury or death. Does not consider employee negligence a factor. Occupational Safety and Health Act Applies to every business conducting interstate commerce except governments.
28.7 Employees’ Duties to Employers Job performance Employees must perform their jobs faithfully and honestly to advance employer’s interests. Business confidentiality Employees 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.
28.8 Social Security Act Yes or no - can the following receive Social Security benefits? People who are over 65 and retire from the workforce Farmers and self-employed business people Samuels, age 66, who hasn’t yet applied for benefits Activity
28.9 Social Security Act Yes 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 Activity answers Activity answers