Scope of Employment

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Scope of Employment

Activities of an employee that are in furtherance of duties that are owed to an employer and where the employer is, or could be, exercising some control, directly or indirectly, over the activities of the employee.

Under the doctrine of Respondeat Superior, a principal is liable for the torts, civil wrongs, of an agent committed within the ambit of the agent's occupation.

The scope of employment includes all acts reasonably necessary or incident to the performance of work, including matters of personal convenience and comfort that do not conflict with specific instructions.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

scope of employment

n. actions of an employee which further the business of the employer and are not personal business, which becomes the test as to whether an employer is liable for damages due to such actions under the doctrine of Respondeat Superior (make the master answer). Example: Dick Deliver drives a truck delivering groceries for Super-Duper Market. If Dick negligently runs the truck into Victor Victim's VW while making deliveries or on the way back from a delivery, then Super-Duper is liable since the accident was in the scope of employment. If Dick goes outside the delivery route to have lunch with his girlfriend and on the way back to his route hits Victim then there is a strong inference he was outside the scope of employment. (See: respondeat superior, master and servant)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Under such circumstances, one can make a valid argument that the law should not take into account whether a reasonable person would have believed the conduct to be hazardous and beyond the scope of employment. (117) When an employee directs a fellow employee to engage in hazardous conduct beyond the scope of employment, that employee is not simply negligent by failing in the general duty of care; (118) rather, that employee is actively creating an unnecessary risk of injury.
In the first category, the work must have been prepared by an "employee" within the "scope of employment." (13) In the second category, works are found to be made for hire when they are specially ordered or commissioned for use as one or more of the several categories enumerated in [section] 101(2) (which can all be characterized as collective works) (14) and about which the parties have expressly agreed in writing that the work shall be considered a work made for hire.
In addition, the scope of employment can be set forth in an express agreement signed by the parties.
* The legal adviser will assist the supervisor in completing a scope of employment declaration for the defendant.
The policy and the premium charged assumed coverage applied only during the scope of employment. The policy considers an insured to be an employee using a company or personally owned vehicle on company time.
As a result, the insurer argued that the employee was off-duty and outside the scope of employment at the time of the accident.
Any intellectual property created by the executive during and within the scope of employment is owned by the association under the "work for hire" principle of copyright law and must be relinquished to the association at the time of termination.
The central concern of the Restatement is whether a supervisor acted within his or her scope of employment when engaging in harassing behavior.
Oklahoma recently completed a scope of employment policy for the Division of Probation and Parole and Community Corrections.
It intends to aid employers that want to take proactive steps to minimize their liability for the actions of their employees on the Internet.(17) Part II analyzes the doctrine of respondeat superior, which imputes liability to an employer for the actions of an employee that occur within the scope of employment. Part III focuses on negligent retention, the doctrine most likely to entrap employers as they continue to add more computers (and thus, more Internet users) to the workplace.(18) Part IV offers employers suggestions to limit their liability as a type of online provider and recommends an Internet policy to enforce proper employee use of the Internet while on the job.
Sammon argued that sexual assaults cannot be considered within the scope of employment because there is no connection between the authorized work and the deviant, criminal conduct.