Business Law - Form of Business Organizations in US Essay

Business Law - Form of Business Organizations in US - Essay ExampleWas DRI responsible for pierces day to day doings and activities, thereby making it vicariously liable for the actions he after took? The court found that the master/servant affinity is distinct from the employer/employee relationship. Within the context of the former relationship, there exists a dependable and responsibility to control the behavior of subordinates but not so in the shield of the latter relationship. DRI does not have the right or responsibility to control the day to day activities of its employees, especially when they occur off-premise.I concur with the courts ruling. DRI can not be held responsible for actions which Pierce undertook off their premise and, indeed, does not have the right to intervene with or control any employees off-premise actions. Furthermore, the incident for which the plaintiff is suing the defendant was instigated by a prior relationship which the plaintiff had with the em ployee and is unrelated to the place of business. In other words, DRI is not, in any way, a party to the conflict between the defendant and the employer and cannot, therefore, be held vicariously liable for the shooting and the lifelong injuries subsequently suffered by Kerl.Although DRI is not responsible for the incident in question and cannot be held vicariously liable, the Pierce case highlights the imperatives of managements focusing on the behavior of employees who have a criminal record or have just been released from prison. While management could not have physically restrained Pierce and forcibly prevented him from leaving the premise during his shift, it could have been more articulate in its clarification of the employee-employer relationship and precisely what was judge of Pierce. There is a clear incentive for employers to ensure that their employees behavior positively reflects on the company and, at the very least, does not negatively reflect on its