Scope of Employment

The term 'scope of employment' refers to acts done while performing one's job duties. It is used to determine an employer's liability for the acts of its employees.
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Definition

Scope of Employment refers to actions and activities that an employee performs as part of their job duties. This term is often used in legal contexts to determine whether an employer can be held vicariously liable for the wrongful acts (torts) committed by an employee while carrying out their work-related tasks.

Examples

  1. Delivery Driver: If a delivery driver causes a car accident while delivering packages for their employer, the employer may be held liable because the act happened within the scope of employment.

  2. Office Employee: An administrative assistant who accidentally sends a confidential email to the wrong recipient during work hours and while performing job duties. The employer could be held responsible for any damages arising from this mistake.

  3. Construction Worker: A construction worker who injures someone while operating machinery on the job site. The injury occurred during the performance of job duties, placing liability on the employer.

Frequently Asked Questions

1. What determines if an action falls within the scope of employment?

Actions are considered within the scope of employment if they are part of the employee’s job duties, occur within work hours, and are performed in the right location. The action should be intended, at least in part, to benefit the employer.

2. Can an employer be liable for intentional acts committed by an employee?

Generally, employers are only liable for the negligent actions of employees. However, if an intentional act is closely related to the employee’s duties, an employer might still be found liable.

3. What if the employee was acting outside of their job duties?

If an employee acts outside the scope of their job duties, such as running personal errands during working hours, the employer usually is not held liable for those actions.

4. Does the scope of employment cover off-site actions?

Yes, if the employee is performing work-related activities off-site (e.g., a business trip), those actions can still fall within the scope of employment.

5. Can the scope of employment include unauthorized acts?

Unauthorized acts may fall within the scope of employment if they are closely connected to the work the employee is hired to perform.

  • Vicarious Liability: Legal responsibility placed on one person for the acts of another. In employment contexts, this means an employer can be held liable for the actions of an employee.

  • Tort: A wrongful act leading to legal liability. Torts can result in injury or harm, for which the injured party may seek compensation through a civil lawsuit.

  • Negligence: The failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.

Online References

Suggested Books for Further Studies

  1. “Employment Law: A Contemporary Approach” by Richard Carlson and Scott Moss
  2. “The Law of Torts” by Dan B. Dobbs, Paul T. Hayden, and Ellen M. Bublick
  3. “Understanding Employment Law” by Perry A. Zirkel and Henry H. Perritt Jr.

Fundamentals of Scope of Employment: Business Law Basics Quiz

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