scope of employment


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scope of employment

The actions taken by an employee in furtherance of the employer's business objectives or the employee's job description. Wrongful conduct within the scope of employment will subject the employer to liability, even if it had no knowledge of the wrong and had specific rules prohibiting such behavior.

Example: A receptionist who places minority callers on “hold” for long periods of time before transferring them to an apartment leasing agent, but who transfers white callers immediately, is engaging in discriminatory behavior that is within the scope of his or her employment as a recep- tionist. Answering calls and making decisions to transfer those calls is within the scope of employment. How people make decisions within the scope of their employment can result in lia- bility to the employer. If, in this example, the receptionist shot and killed a minority applicant entering the reception area, that would not be within the scope of employment for a receptionist, although it might be for a security guard.

References in periodicals archive ?
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.
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?