BUS 372 UAGC Employers Liability to Injuries Sustained by Diane Essay

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Business Finance

bus 372

The University of Arizona Global Campus UACG

BUS

Description

For this assignment you will review a workplace scenario and discuss the employer’s liability.

Prior to beginning work on this assignment,

Scenario: 

T.O. Retailers, LLC, hosts its annual holiday party for the entire staff members and spouses/guests, which includes approximately 250 people. The holiday party is held off-site and not on an employer-owned property, and takes place after normal working hours. In recent years, there has been about one incident a year wherein an employee drinks too much and becomes intoxicated. As a result, when the annual invite goes out to all employees there is disclaimer language at the bottom that is in larger and bold typeface stating that the employer does not condone excessive drinking and driving, and strictly prohibits any employee from being intoxicated during the holiday party. Additionally, there is language stating the staff of the facility hosting the holiday party, or any management of the employer, can restrict the service of alcohol to any employee who appears to be intoxicated. Intoxicated persons will be asked to leave the holiday party. Each year, the employer meets with the staff of the facility to explain the employer’s policy about alcohol at the holiday party and requests the policy be strictly enforced. The employer pays for the entire holiday party.

This past year Diane had been suffering from vertigo, which the employer was aware of, and had recently gone on medication to help with the symptoms. Her new medication provides a warning not to drink while taking the medication. Diane is single and attended the employer’s holiday party alone. During the holiday party, Diane became visible intoxicated and, at one point, a server of the facility staff refused to serve her. Later, she obtained a drink from another server, and a co-worker obtained another drink for her. Many people, including management, saw Diane visibly intoxicated. Diane left the holiday party and was involved in a car accident in which she was severely injured and injured the driver of the other car.

In your paper, analyze the scenario above and address the following:

  • Discuss which facts or ideas presented in the scenario would support the employer being liable for the injuries sustained by Diane and the other driver. Explain your reasoning.
  • Discuss which facts or ideas presented in the scenario would support the employer not being liable for the injuries sustained by Diane and the other driver. Explain your reasoning.
  • Assess whether or not respondeat superior would apply to Diane’s situation. Explain your reasoning.

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Explanation & Answer

View attached explanation and answer. Let me know if you have any questions.

Running head: EMPLOYEE AND LABOR RELATION

Employee and Labor Relation

Name
Institutional Affiliation
Course Name and Number
Instructor’s Name
Date

1

EMPLOYEE AND LABOR RELATION

2

Employer’s liability to injuries sustained by Diane
Alcohol consumption is legal for people above the age of twenty-one. Nonetheless, excess
consumption of the same could lead to significant repercussions. Numerous things that could
emerge from excessive drinking at the party lie in the case of Diane. Hence, it becomes the
obligation of an employer to ensure some incidences do not occur as a result of overindulgence by
employees during an organization party. In this case, apart from the employer offering letters with
disclaimers to employees warning them against excessive drinking, the employer failed to employ
the necessary strategies to ensure all employees comply with the stipulated conduct. For instance,
the employer would have hired a third-party bartender or provide employees with tickets that
would limit their alcohol consumption. Securing alcohol was another thing the employer failed to
check into in that Diane was able to access alcohol even after the facility staff declined to serve
her alcohol. Hence, a de...


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