Coleman works for Software, Inc. Software, Inc. sells security equipment to businesses and bars, which requires Coleman to be traveling a lot to meet with clients and representatives within his sales division. During his trip to Colorado, Coleman stole a ring from a jewelry store because he couldn’t afford it and wanted to give his wife it as an anniversary gift. Coleman also met a client named John at Jimmy’s Poor-Man’s Bar. During this meeting Coleman spilled his drink and then decided to perform a trick where you light up the alcohol. With that being said, he took a drink, lit his lighter, and blew the liquid, which in turn created a fireball that went through the room. ...view middle of the document...
for his injuries?
• If you were Software Inc.’s CEO or head of HR, what policies would you implement to try to limit your liability for people such as Coleman?
Should Coleman win his wrongful termination suit with Software Inc.?
According to Software, Inc.’s handbook, the policy states employees are required to be interviewed prior to termination. With that being said Software, Inc. terminated Coleman without receiving his side of the story and following their own policy. Although his actions were terminable, the company failed to follow their own policy therefore I believe that Coleman would win his wrongful termination suit with Software, Inc.
Will Software Inc. be liable to the owners of Jimmy’s bar?
Yes, because Coleman was an agent of the Software, Inc. during this time and he was meeting with a client at Jimmy’s Bar and discussing business products and services being offered by Software, Inc. Coleman was acting on behalf of the company while visiting Jimmy’s Bar to meet with John. Although Software, Inc. did not ask Coleman do perform the alcohol trick as part of his job, Coleman did so to impress John.
What about Jimmy’s mom? Does the same law apply to both cases?
I don’t think that Software Inc. would be liable to Jimmy’s mom because the “trick” that Coleman performed was not specifically requested by Software Inc. to impress the client. Coleman was not hired to perform such tricks or create a dangerous environment as he did. Software Inc. hired Coleman to meet with clients and discuss security products and services offered by Software Inc. to grow business and attract new clients within his sales division.
Will John win his lawsuit against Software Inc. for his injuries?
Yes, I believe that John will win the lawsuit against Software Inc. for his injuries because Coleman was acting as an agent for the company and acting on behalf of Software Inc. Therefore, Coleman was a representative of Software Inc. and was hired to travel, meet and speak with potential clients to offer Software Inc. services and products. John met with Coleman at Jimmy’s Bar to discuss the potential services and products offered by Software Inc. and then later met with Coleman thinking he was acting on behalf of the company still and ended up experiencing severe eye damage due to Coleman hitting him.
If you were Software Inc.’s CEO or head of HR, what policies would you implement to try to limit your liability for people such as Coleman?
If I were Software Inc.’s CEO or head of HR, I would implement policies in regards to expected behavior when meeting with out clients at different locations outside of the office. I would also implement a policy that does not allow employees to drink alcohol while having meetings with clients, as this will prevent Software Inc.’s liability for people such as Coleman. Coleman had no rules to follow when meeting with the clients and wasn’t given expectations of his behavior when meeting...