Question

Tom long has been walking on air since the arrival of Jenn Smiley, the new inventory control analyst at The long and Short of it (L&S). Jenn has been curing favor with Tom. Tom believes Jenn is infatuated with him. Unfortunately, his interpretation of Jenn’s Behavior could not be further from the truth. When Tom invites her for the weekend to his ski chalet, Jenn rebuffs his advances. Jenn’s flirtations behavior was just a cascade. Tom is furious. His initial reaction is to fire Jenn on the spot. When he discusses the incident with co-work Mark Short, Mark suggest Tom talk this over with L&S attorney, Susan North.

1. Would Tom be justified in terminating Jenn’s employment? Why or Why not?

2. If Tom fires Jenn, what law(s) might provide the basis for a claim brought by Jenn? Why?

3. What is the significance of the concept of vicarious liability? How does this concept impact the company?

Answer 1

1.
Tom will not be justified as Jenn has not done anything wrong in discharging her responsibilities if she opted to decline the offer of Tom to spend the weekend to his Ski Chalet. Merely not accepting the advancing at personal level, though curing favor at the workplace, is not the any legal or just basis for the termination of employment.
In response to the termination of her employment, Jenn will sue the company for the hostile work environment and discriminatory behavior at work among the others.
2.
Jenn will bring her claim against the company and Tom on the basis of equal employment opportunity laws of EEOC that makes employers to prohibit any discrimination or hostile work environment on the basis of sex, religion and race and ethnicity. Besides, the title VII of the civil rights act, 1964 will also be used by Jen to put forward her case.
3.
Vicarious liability is the condition or clause that says that one person or entity is held responsible for the behavior of the another person. In the organizational context, the employer or the organization is held responsible for the action take up by the employee. If the employee takes negligent action and the client suffers, then it is the employer who is held responsible for the damages to the client. In the given context, Jenn is not found in any negligent action. So, she cannot be put responsible for the vicarious liability and mere curing favor with Tom in the workplace, does not amount to the vicarious liability.