california course of scope of employment when driving home from work

In California and other jurisdictions, commute time – the time “coming and going” from work – is not treated as “in the course and scope of employment,” and thus the Respondeat Superior doctrine is not applied in those circumstances to hold employers liable for injuries caused to third parties during such commutes.

Full Answer

Is the drive to and from work within the scope of employment?

But if an employer requires an employee to drive to and from the workplace so that the vehicle is available for the employer’ s business, then the drive to and from work is within the scope of employment.

Is commute time within the scope of employment under CACI?

required-vehicle and incidental-use, both of which are expressed within CACI No. 3725].) It may be given with CACI No. 3720, Scope of Employment. Under the going-and-coming rule, commute time is not within the scope of employment. However, commute time is within the scope of employment if the use

Can the scope of employment be proven in different ways?

broad formulation of the vehicle-use exception in CACI No. 3725 correctly informs the jury that the issue of ultimate fact - namely, the scope of employment - may be proven in dif ferent ways.” ( Pierson, supra, 4 Cal.App.5th at p. 625, fn. 4.)

Is commute time within the scope of employment?

However, commute time is within the scope of employment if the use of a personally owned vehicle is either an express or implied condition of employment, or if the employee has agreed, expressly or implicitly, to make the vehicle available as an accommodation to the employer and the employer has

Is driving home from work within the scope of employment?

Personal errands for the employer conducted by the employee during her commute can bring coming and going time within the scope of employment. Another exception to the coming and going rule is where an employee's commute to or from the job includes running errands for an employer.

What is considered in the course of employment?

Arising in the course of employment It extends cover beyond the period the employee is undertaking their normal work duties or at their place of work, to include something the employee is reasonably required or expected to do in order to carry out their duties.

Is your employer responsible for you Travelling to work?

There is no specific legislation to which an employer can turn to understand its precise obligations and duties to employees while working and travelling abroad. Employers are guided by the common law duty of care of employees, together with the general principles under the Health, Safety and Welfare at Work Act.

What is outside the scope of employment?

Something that is outside the scope of employment would generally refer to a worker doing something that is not reasonably part of their duties.

What is course of employment in vicarious liability?

Vicarious liability deals with only those cases when one person is liable for the actions of another person. And the liable person must be superior to the other person. The person who commits wrong must be in the course of employment. The course of employment is essential for vicarious liability.

What is doctrine of common employment?

The doctrine of Common Employment refers to the rule wherein the employer is not liable for the negligent act done by one employee to another in the course of their employment. This doctrine is an exception to the principle that the master is vicariously liable for the act done by his employee.

Do employers have to provide transport home?

Does an employer have to provide transport for employees from the workplace to home when such public transport is not available, late at night for instance? There is no requirement in the law in the sense of a specific statue that says you must provide transport for employees.

Is travelling to work considered working time?

Travel between home and work may count as working time for them. It's still up to the employer to decide if the employee gets paid for this time. The employer must follow National Minimum Wage law.

Is travelling for work considered work?

Travel time is not considered work while commuting to and from the usual work place.

Can employer make you do things outside your job description?

So, the short answer is, yes, your employer may assign you tasks not specifically outlined in your job description. Unless you work under a collective bargaining agreement or contract, your employer can legally change your duties.

How do you deal with tasks that fall outside of your scope of responsibility?

Talk to others who have done similar tasks, both within and outside your organization. They may be able to offer advice, resources and possibly even help teach you some new skills. Learn to set limits. If you have a legitimate reason for not being able to take on a new assignment, don't be afraid to express it.

What does in the course and scope of employment mean?

In its simplest terms, asking whether an employee was acting in the course and scope of employment is asking whether the employee was “working” for the employer at the time the injury occurred.

What is the course and scope of employment?

Under the theory of respondeat superior, employers are vicariously liable for tortious acts committed by employees during the “course and scope” of their employment. However, there are exceptions, the most notable of which is the “going and coming” rule. The going and coming rule.

What is the vehicle use exception?

The “vehicle use” exception states than an employee is within the course and scope of his employment while commuting if (1) the employer required the employee to drive his car to and from the workplace at the time of the accident, or (2) the employee’s use of his car provided a benefit to the employer at the time of the accident. In Lobo v.

What is the exception to the going and coming rule?

One exception to the going and coming rule is the “vehicle use” exception.

What is the going and coming rule?

The going and coming rule. Under the “going and coming” rule, an employee is not within the course and scope of employment while commuting to or from work. The employer is generally not liable because the employee is not rendering a service to his employer during his daily commute. However, there are several exceptions to ...

Can an insurance carrier tell if a defendant was within the course and scope of employment?

The fact of the matter is, neither the insurance carrier nor the insured defendant likely has any clue whether the defendant was within the “course and scope” of his employment; unless it’s blatantly obvious (hit by a UPS truck), a plaintiff’s attorney will likely never catch it.

Was Prigo driving a normal commute?

Prigo was driving a normal, routine commute at the time of the accident from a fixed place of business to home. The court also found there was no evidence to support a finding that the County received a benefit from the availability of Prigo’s car on the day of the accident.

What is a course and scope argument?

Attorneys who establish a course and scope argument against a negligent defendant increase the pool of collectability. In cases where your defendant is underinsured, finding a viable course and scope argument can be the saving grace for your client.

What to say in a work injury?

Were you running an errand for your employer at the time of the incident?#N#3. Were you commuting at the time of your injury and does your employer reimburse you for your commute?#N#4. Were you on a business trip at the time you were injured?#N#5. Did fatigue contributed to your injury following an unusually extended work shift?#N#6. Were you making or receiving a work call, text or e-mail at the time of the incident?#N#7. Were you injured on living premises provided by your employer?#N#8. Were you injured in a vehicle your employer requires you to use?#N#9. Were you injured by a hazard you encountered due to your employment, even if you had not yet made it to work?#N#10. Were you traveling between two work locations?

Can a plaintiff pursue a civil action against her employer?

A plaint iff found in the course of employment for Workers’ Compensation coverage may maximize the pool of available benefits and resources. Conversely, a plaintiff found not in the course may pursue a civil action against her employer and avoid being barred by the Workers’ Compensation exclusive remedy rule. And whether an individual defendant was ...

What is scope of employment?

scope of employment if the use of the employee’s vehicle provides some direct. or incidental benefit to the employer. There may be a benefit to the employer if. (1) the employee has agreed to make the vehicle available as an accommodation. to the employer, and (2) the employer has reasonably come to rely on the.

Is an employee acting within the scope of employment?

In general, an employee is not acting within the scope of employment. while traveling to and from the workplace. But if an employer requires. an employee to drive to and from the workplace so that the vehicle is. available for the employer’s business, then the drive to and from work is. within the scope of employment.

Is the drive to and from work within the scope of employment?

within the scope of employment. The employer’s requirement may be. either express or implied. The drive to and from work may also be within the scope of employment. if the use of the employee’s vehicle provides some direct or incidental. benefit to the employer. There may be a benefit to the employer if (1) the.

Is commute time considered employment?

employment. However, commute time is within the scope of employment if the use. of a personally owned vehicle is either an express or implied condition of. employment, or if the employee has agreed, expressly or implicitly, to make the. vehicle available as an accommodation to the employer and the employer has.

How many times does an employee use her own car?

The court also noted that the employee's use of her own vehicle to benefit the company was regular—on average, the employee used her own car two to five times per week for the employer's benefit. It further concluded that the detour visits were necessary for the employee's "comfort, convenience, health and welfare.".

What is the exception to the going and coming rule?

The motorcyclist sued the company, and the trial court granted summary judgment to the employer. Reversing, the Court of Appeal relied upon the "well known exception to the going-and-coming rule" when the employee's use of his or her own vehicle provides an incidental benefit to the employer.

When was Moradi v. California ruled?

A California Court of Appeal held on September 17, 2013, that an employer's requirement that its employee use her personal vehicle for work-related travel rendered the employer responsible for injuries suffered by a third party when the employee was driving home after work. Moradi v.

Can an employer be held liable for an accident?

Employers may be held liable for accidents of employees occurring after work, and with the employee's own car, when the employer has benefited from the use of the employee's own vehicle for business purposes.

Is the special errand exception based on the going and coming rule?

The court noted that it was not making its decision based on the "special errand exception" to the going-and-coming rule, which applies where the employee is coming from or returning home, not as part of his regular commute, but instead as a part of a special errand at the request of his employer.

What is the equitable doctrine of employment?

It is an equitable doctrine that holds the employer equally and vicariously responsible for the negligent or willful acts of employees that occur in the course of the employee’s employment or which benefit the employer. Determining when an employee is in the course and scope of his employment, or if his activity is actually benefitting his ...

Who is liable for injuries caused by intoxicated employees?

Employers are liable for injuries caused by intoxicated employees who became intoxicated at employer parties. Many employers still hold an annual holiday or Christmas party and serve their employees liquor as part of those celebrations.

Is commute time exempt from respondeat liability?

Similarly, where an employer requires an employee to take a company vehicle home at the end of the work day, commute time will not be exempted from Respondeat Superior liability – the employer will be responsible for injuries caused by the employee during his commute.

Is commute time considered in the course of employment?

In California and other jurisdictions, commute time – the time “coming and going” from work – is not treated as “in the course and scope of employment,” and thus the Respondeat Superior doctrine is not applied in those circumstances to hold employers liable for injuries caused to third parties during such commutes.

Can an employer be held liable for an employee who is injured during her commute?

Where there is a foresee able risk of sending an employee home, an employer can be liable for an employee who causes an injury during her commute. A final example of a commute exception where an employer will be held liable is where the employer sends the employee home due to a work-related illness or injury, and as a result ...

When is the coming and going rule in California?

California Workers' Compensation "Coming-and-Going" Rule. March 25, 2019. July 26, 2017. The coming-and-going rule in California workers' compensation law may seem simple. The basic principle is that if you are coming from or going to work, any injuries you sustain aren't covered by workers' compensation benefits because your actions did not occur ...

Why is the second prong of the commute test not met?

Usually in the course of a routine commute, the second prong of this test isn't met because the employer doesn't benefit and the employee isn't directly providing a service. However, in cases where the employee is providing a service and employer is benefiting from the commute, there may be an exception. ...

What is required vehicle exception?

The Supreme Court of California carved the "required vehicle exceptions," which essentially states that if an employee provides their own transportation to work as a condition of employment, in turn any injuries that happen during the commute will be compensable.

Is there a coming and going rule in the labor code?

While there is no "coming-and-going rule" statute in the labor code, it's a concept that has developed over time in case law. That means we must look back to the precedent established by the courts to determine our chances of success in any given case. When Work Injuries Are Covered. In general, there are two requirements for covering work-related ...

Is driving a company car considered work related?

Commuting in a company car. This is not absolute, but if you are required to drive a company car, any injury sustained in it may be compensable. Travel to multiple job sites. If you are required to travel to numerous job sites in a single shift, your driving is likely to be considered job-related. Injury occurs in the parking lot or on or ...

What should be written policy and procedures manuals?

There should be written policy and procedures manuals that clearly lay out what the rules are regarding company vehicles or driving within the scope of employment. Companies should enforce their vehicle policies in a consistent manner for all employees. A failure to do so puts the company’s finances at risk.

Can an employer have liability for a traffic crash?

For example, courts have held that an employer’s failure to determine if an employee had a valid driver’s license can create liability for the results of a traffic crash. Failing to run a record check to determine if an employee has a prior conviction for impaired driving, can also create grounds for liability.

Can an employee drive with a suspended license?

And an employee who drives with a suspended license is sufficient for the employer to be liable in the event of a crash. On the other hand, allowing an employee who has more than one previous traffic citation to use a company vehicle is not, in and of itself, sufficient to create liability.

Is there a limitation on vicarious liability for company vehicles?

There is a limitation to vicarious liability for company vehicles known in some states as the “home travel” rule. This exception provides that an employee’s use of a company vehicle to and from their residence is not generally within the worker’s scope of employment.

Can an employer avoid liability for a car crash?

Therefore, an employer might avoid liability for crashes that occur during the employee’s commute. The “home travel” defense can be abrogated if the employee’s use of the vehicle is required by the employer. Courts have held that when an employee is required to use their vehicle for work, the worker is within the scope of employment ...