40) Corporations and other business entities are guilty of crimes committed by their employees if such crimes were committed in the scope of employment
Without an express written agreement defining assignment of intellectual property rights, the ambiguity over the nature of the employer-employee relationship, the circumstances surrounding the creation of the invention or work, and the scope of employment
may lead to difficult and unpredictable court proceedings, or worse--the loss of potentially lucrative intellectual property fights.
An employee's actions fall within the course or scope of employment
when: 1) The conduct is of the kind the employee was employed to perform; 2) the conduct occurred substantially within the time and space limits authorized or required by the work to be performed; and 3) the conduct is motivated at least in part by a purpose to serve the master.
The Attorney General's certification is prima facie evidence that the employee acted within the scope of employment
, such that substitution of the United States as defendant was appropriate.
23) That theory was rejected by the Court, but only because it was unclear whether a harasser was acting within the scope of employment
Lastly, the court treated Scope of Employment
issues and whether the doctors who misappropriated the eggs were acting within the scope of their employment so as to make their employer responsible for what they had done.
It requires criminal conduct to be outside the scope of employment
As a general rule, there is no vicarious liability for intentional or criminal acts; courts have usually treated such acts as falling outside the scope of employment
If a work is created by an employee within the scope of employment
, the employer or hiring party will be considered the author for copyright purposes.
332 NOZZOLIO Ensures that employees of the OMH who work in prison mental health units receive the same immunity from civil damages as other state employees who work in prisons; civil actions cannot be brought in state court against any office of mental health officer or employee providing mental health services in a department of correctional services facility in his or her personal capacity for acts or omissions within the scope of employment
and (3) What must judge advocates (JAs) do to determine the scope of employment
and assist in the request for representation process?
After-hours disclosure of patient info not within scope of employment