when is an employee acting within the scope of employment? course hero

In California, an employee’s conduct is a jury in workers’ compensation cases may get the instruction that a conduct is within the scope of employment if: (a) It is reasonably related to the kinds of tasks that the employee was hired to perform; or (b) It is reasonably foreseeable in light of the employer’s business or the employee’s job responsibilities.

Full Answer

What is the course and scope of employment?

Authorization – An act is within the scope of employment, even if expressly forbidden, if it is of the same general nature as that authorized or if it is incidental to the conduct authorized. Abandonment – The principal is liable for the actions of the employee that occur while the employee is at work, but not for actions that occur after the employee has abandoned the …

What is the scope of employment in a civil case?

employee, and (2) Employee must act within the scope of employment while committing the tort. In this case, although Johnson was an employee, he was not acting within the scope of employment. It is Johnsons job to be on friendly and on good terms with store managers, however, by offering to take the store manager to the site of his wife’s car accident, he was no …

When is an injury sustained within the course of employment?

Apr 19, 2008 · An employee’s act is not within the scope of employment when it occurs within an independent course of conduct not intended by the employee to serve any purpose of the employer. Christensen v. Swenson • Guard on duty, but on lunch break collides with plaintiff in public intersection on way back to work. • Employer responsibility for actions of employees…

What is the scope of employment under Texas Labor Code?

and battery or false imprisonment while acting within the scope of employment An employer who knows or should know that an employee has propensity for committing tortious acts is liable for the employee’s acts even if they would not ordinarily be considered within the scope of employment Negligent hiring An employer is also liable for permitting an employee to engage …

Who is liable for torts committed by an employee while the employee was acting within the "course and scope of employment

Employer is liable for torts committed by an employee while the employee was acting within the "course and scope of employment."

What happens when an employee's own business is completed?

the employee's own business is completed and the employee returns to the business of the employer.

Is going to and coming within the course and scope of employment?

The going and coming rule- going to and from work is generally not within the course and scope off employment, except:

Is an employer liable for torts committed by an employee?

An employer is vicariously liable for torts committed by an employee within the course and scope of employment, but not for torts committed by an independent contractor.

What is scope of employment?

Generally, the scope of employment is the range of activities and conducts that an employee is reasonably expected to perform as part of his or her job.

What is the meaning of "injury" in employment?

If an injury is the result of an activity that originates from the employment, and is received while the employee is actually engaged in furthering the employer’s business, the injury is deemed to have been sustained within the course and scope of employment.

Is an activity within the scope of employment?

An activity could be within the scope of employment whether it is conducted on the premises of the employer or at other locations. A Texas court has ruled in ESIS, Inc., Servicing Contractor v.