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 ?

69) Illinois courts determine whether an employee who has engaged in a "frolic" has reentered the scope of employment by a two-prong test: (1) the employee has formulated an intent to act in furtherance of his employer's business; and (2) the intent is coupled with a reasonable connection in time and space with the work in which he or she should be engaged.

Employee or independent contractor? How the effects of classifications impact employer liability

Marriott International, the California Court of Appeal held that an employer may be found liable for its employee's torts as long as the proximate cause of the injury occurred within the scope of employment.

On the hook: liquor at an employer-sanctioned holiday patty gets out of hand, with fatal results

An employer is liable for the acts of its employees committed within the scope of employment, but it is generally not liable for the acts of independent contractors that are working with it.

Participation as a theory of employment

It is essential to keep our skills and knowledge updated," said Tago, while referring to the growth of the Philippines economy and the scope of employment in the country.

UMIF trains, counsels Filipinos

An employee is not hired to invent, but acts within the scope of employment and/or uses the employer's resources to invent

Making intellectual property rights patently clear

It is doubtful that curtailing the scope of employment legislation, for example making it easier to dismiss 'poor performers', as the recent leaked report hinted, would necessarily benefit businesses anyway.

Will proposed regulation changes help business? its promise to reduce regulation? What can employers and their staff expect in 2012? Mike Hibbs, chairman of Birmingham Law Society's employment law committee, and fellow committee member Alan Jones, provide an outlook

For example, if Company A's employee is injured on the job by acts of a Company B employee, then Company A's workers' compensation insurance will be required to pay benefits because the injury arose in the course and scope of employment.

Master Service Agreements: knock-for-knock indemnity

Instead, the victim need show only that the assault was committed within the course or scope of employment.

Sexual assaults at work: when can the employer be held liable?

It's a very extended scope of employment compared to working in a big city," Robertson said.

Remote nursing a unique challenge for Canada's nurses

This cut will mean narrowing focus on pro-poor sectors and flagging scope of employment generations.

NEED FOR A MORATORIUM ON FOREIGN DEBTS

The court held, inter alia, that when a plaintiff's case against a health care provider is not for direct negligence, but is based on the conduct of an employee under the doctrine of Respondeat Superior, the expert report need not identify the health care provider by name or include an opinion about how the employee was acting in the course and scope of employment for the heath care provider.

Female patient sexually assaulted by male nurse

Unemployment is the greatest problem among the youth of Manipur and the scope of employment in Government sector cannot be stretched further.