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 ?

As is evident from the plain language of the doctrine, the reasonable person standard does not impose co-employee liability when an employee merely directs a fellow employee to engage in hazardous conduct beyond the usual scope of employment. Instead, for liability to arise the employee must direct a fellow employee to engage in activity that is both hazardous to a reasonable person and beyond the scope of employment to a reasonable person.

Unreasonable? Missouri rejects a reasonable person standard for determining co-employee liability under Badami's something more test

Noting that "employee" and "scope of employment" are not defined in the statute, it inferred that Congress intended those terms to have the "accumulated settled meaning under ...

Tort made for hire - reconsidering the CCNV case

[8], the court found Miller to have created a program within the scope of employment even though he was paid by the hour and created the work during off hours, at home on his own computer and was not paid overtime.

Planning ownership of intellectual property rights in web and software development

(51) The default position is that the employee was acting within the scope of employment, but the DoJ uses the following criteria (52) to make representation decisions:

Official federal representation against state restraining orders following the Armed Forces Domestic Security Act of 2002

in the scope of employment of the party--practice plan or state

Theobald v. University of Cincinnati - reforming medical malpractice in Ohio: a survey of state laws and policy impacts

Although an employer is not liable when an employee acts outside of his scope of employment, the employer can be vicariously liable under certain exceptions.

Employer Liability for Employee Sexual Harassment: A Judicial Policy-Making Study

The traditional basis for an employer's liability for its employees' acts is the doctrine of respondeat superior, under which the employer is liable for employee acts that are within the scope of employment or in furtherance of the employer's interest.(19) "Under respondeat superior, the employer `stands in the shoes' of its employees,"(20) as long as the act in question is within the scope of employment.

Employer liability for employee online criminal acts

The WC section covers most bodily injuries within the course and scope of employment. The EL section is "gap-filler" insurance, covering many claims against the employer which fall outside of the workers compensation system.

Chapter 5: workers compensation/employers liability

The objective of these zones is to accelerate industrial activity in backward areas of the province, aimed at enlarging the scope of employment, checking migration of rural population to big cities and encouraging development of local industries.

Industry

Naturally, employers are not necessarily responsible for damages caused by their employees' actions outside the scope of employment; otherwise, an employer would be an absolute guarantor and strictly liable for any and all acts by their employees under any circumstances.[2]

Employers confront violence in the workplace of the '90s

Further, taxpayers can expect the IRS to expand the scope of employment tax examinations if health care reform legislation providing for an employer mandate is enacted.

Corporate downsizing - tax treatment of leased employees

In a representative case, under a legal doctrine know as respondent superior that holds a "master" responsible for his "servants" while in the scope of employment, violations of record keeping provisions by the manager of a fireams store are attributable to the owner.