How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 26098
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Business Law Question Here...
Roger is online now
A new question is answered every 9 seconds

Coleman works for Software Inc., a Delaware based corporation

Resolved Question:

Coleman works for Software Inc., a Delaware based corporation that sells security equipment to businesses and bars. Coleman’s duties include traveling to prospective clients and meeting with representatives of the businesses in his sales division.

Coleman is on the road more than half the year. He often does not come home for more than a few days at a time. Over the course of his 17 years of employment with Software Inc., Coleman has had several stretches on the road that last three months or more.

During a sales trip to Smalltown, Colorado in March 2008, Coleman found it necessary to wash his laundry. He also wanted to buy an anniversary present for his wife. Coleman went to the mall to buy the present. While at the mall, Coleman saw a ring that he really liked but could not afford. He decided to steal it. He then went to Jimmy’s Poor-Man’s Bar to meet with a client, John. Jimmy’s wasn’t a client of Coleman’s, but John didn’t like his customers to see him “doing business.”

Coleman was talking with Jimmy about business when he spilled his drink all over the bar. That made him think about this cool trick where you put pure grain alcohol in your mouth, blow it out and light it. Coleman took a big drink, took out his lighter, and said, “What this!” He lit his lighter, blew the liquid and a fireball went through the room. The fireball hit Jimmy and killed him instantly. The bar also sustained a lot of damage. Software Inc. fired Coleman without even interviewing him to get his version of the events.

Software Inc.’s handbook required all employees to be interviewed before termination. A week later, Coleman called John to make amends. When they met, Coleman said, "The company and I are so sorry about what happened. Let me take you out to dinner – Software Inc. will pay the bill."

They went to a restaurant, and instantly got into an argument because John told Coleman he was fat. Coleman punched John in the eye, causing severe eye damage.

Jimmy’s mother (his only heir), John, and Jimmy’s Poor-Man’s Bar (which was owned by five men, including Jimmy), sued Software Inc. for the damage caused by Coleman. Coleman sues Software Inc. 0for wrongful termination. Lastly, the jewelry store sued Software Inc. for the value of the ring.

Factual Summary: provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts.

Issue(s): Restatement or summarize the question. What is the legal question(s) that you are going to answer?

Legal Concept(s): Identify and discuss 1 or more legal concepts from the course material when exploring the problem at hand. Define the legal concept(s) and explain how the concept(s) relates to the given scenario.

Analysis/Conclusion: Analyze the factual scenario in relation to the legal concept in order to reach a well-reasoned conclusion. Be sure to apply the legal concept correctly toward solving the legal issue.
Submitted: 2 years ago.
Category: Business Law
Expert:  Roger replied 2 years ago.

Hi -

 

The suit filed against Software, Inc. by Jimmy's mother, John and the Bar should be dismissed on several grounds. First, Coleman was not acting within the course and scope of his employment by drinking and blowing a ball of fire. Secondly, an employer is not responsible for the criminal actions of its employee as that is an intervening cause that the employer cannot control.

 

As for the wrongful termination claim of Coleman, it should not be sustainable because wrongful termination must be based on discrimination because of race, sex, age, disability or religion under Title VII of the Civil Rights Act. However, if the employer terminated Coleman without an interview, he could sue for breach of contract (employment contract) or breach of the policies and procedures of the company.

 

As for the jewelry store, it cannot hold Software, Inc. liable for Coleman's actions because they were also outside of the scope of employment and involved a criminal act for which it has not liability.

Roger, Attorney
Category: Business Law
Satisfied Customers: 26098
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 8 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions