In the discussion case this week, Grief Brothers, a company located in a dangerous
neighborhood, hired YSP security guards. Bater, one of the security guards carried a gun
without a permit and accidentally killed someone, thinking they were an intruder. The
victim’s mother is suing Grief and others, claiming her son’s death resulted from YSP’s
negligence and that Grief was responsible.
The mother’s best argument that Grief is responsible is respondeat superior which states
that the employer is responsible for any harm caused to a third party by an employee
within the scope of employment (Miller and Jentz. 2010). Grief’s best defense would be
that Bater was not an employee, but an independent contractor. An independent contractor
is a person who contracts with someone to perform a service but is not and subject to their
control with respect to their conduct in performing that service (TEXT). The criteria used
to determine if a person is an employee or a contractor is:
– How much control can the employer exercise over the details of the work?
– Is the worker’s occupation or business distinct from that of the employer?
– Is the work being done under the employer’s direction or without supervision?
– Does the employer supply the tools they use for the position?
– For how long is the person employed?
– What is the method of payment?
– What degree of skill is required?
These are all questions the court will consider when making the distinction between
employee and contractor (Miller and Jentz. 2010).
To determine if Grief is responsible, the scope of employment must be considered. Was the
