Business Law - Form of Business Organizations in US Essay

Business Law - Form of Business Organizations in US - Essay Example Was DRI responsible for pierce’s day to day behavior and activities, thereby making it vicariously liable for the actions he subsequently took? The court found that the master/servant relationship is distinct from the employer/employee relationship. Within the context of the former relationship, there exists a right and responsibility to control the behavior of subordinates but not so in the case 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 court’s 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 employee’s 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 employee 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 management’s 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 expected 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