Questions we Can Help you to Answer
Paper Instructions:
Employer Relationships: Independent Contractors and Agents versus Employees
Please read all the assignment materials, view the videos, and perform outside research on these topics.
Scenario
Sofia, a security guard for Sears, got off work one day and decided to go shopping at the mall she worked in. Still in uniform, Sofia was in the JC Penny store and saw a woman named Sandy who was shoplifting. Sofia watched her closely as she placed an item in her purse, then she followed Sandy to the exit, where she left without paying for the item. Sofia tried to stop her, but she started to run, so Sofia grabbed her by the arm. The woman fell and broke her other arm as she fell. Sofia asked if she was all right, then walked her back to the mall office, where she frisked her and searched her bag; then, she restrained her as they waited for the police and the paramedics.
Questions for Discussion
Sandy was arrested for shoplifting and was brought to the hospital, where a doctor set her broken arm. The next day, she hired a lawyer who is now suing for her injuries and false imprisonment. The lawyer named Sofia, JC Penny, Sears, and the mall as defendants in this lawsuit. To determine who may be liable in this scenario, please answer the following questions:
Does a suspected thief have the right to sue? If so, why? Aren’t Sandy’s injuries due to her own illegal acts of trying to evade capture? If that is the case, why should Sandy be able to sue?
Was Sophia acting within the scope of her employment? If so, what are the legal implications for the mall, Sears, and JC Penny?
If Sofia was acting outside the scope of her employment, what are the legal implications for the mall, Sears, and JC Penny?
Analyze and discuss whether Sofia can be considered an apparent or implied employee of both the mall and JC Penny and how that may influence their liability?
Please argue both sides of the following issue: Is it better legally, ethically, and from a business perspective for all involved to simply settle this injury claim, rather than have bad press about the injury and the lawsuit?
MO4-1: Analyze the employee/employer relationship (CO#1, 2, 3, 4).
MO4-2: Analyze the independent contractor/employer relationship (CO#1, 2, 3, 4).
