Question

Jerry is a delivery person for Pretty Flowers Florists. His primary job responsibility is to deliver floral arrangements in the company’s van. While driving a floral arrangement to a wedding, Jerry decides to stop at the local tavern and have a beer. After several drinks, he gets back into the van with the intention of going home for a quick nap. Instead, he gets into an accident when he illegally goes through a red light. The drivers of the other cars involved in the accident sue Pretty Flowers for their property damage and personal injuries. Pretty Flowers claims they are not liable for Jerry’s actions while driving drunk. Is Pretty Flowers liable as Jerry's employer? In question 1, Jim is a delivery person for Pretty Flowers Florists. His primary job responsibility is to deliver floral arrangements in the company’s van. Pretty Flowers decides to fire Jim.

The legal concept which allows this action is:

Employer Liability

Scope of Employment

Employment-at-Will

Scope of Employee Liability

Answer 1

The legal concept related to this case is laid in 'Employer Liability'. Under the doctrine of 'respondent superior', the employer is the one who is directly responsible for employee and his behavior provided he is working to perform his professional duties. The employee is liable to share the good as well as bad result with the employer. However, there is an exception, if a employee hits with an accident due to complete negligence on the part of employee, the employer will have the right to sue employee for any such damage that the employer will have to pay in this regard.