LAW 561-002 – Business Associations

Scope of Employment


An employee acts within the scope of employment when performing work assigned by the employer or engaging in a course of conduct subject to the employer's control. An employee's act is not within the scope of employment when it occurs within an independent course of conduct not intended by the employee to serve any purpose of the employer.

R3A § 7.07.

Factors

Conduct of a servant is within the scope of employment if:

  1. It is of a kind he is employed to perform;
  2. it occurs substantially within the authorized time and space limits; or
  3. it is actuated, at least in part, by a purpose to serve the master

Some of the factors used when considering whether an employee's acts are within the scope of employment are:

  1. the time, place and purpose of the act;
  2. its similarity to acts which the servant is authorized to perform;
  3. whether the act is commonly performed by servants;
  4. the extent of departure from normal methods; and
  5. whether the master would reasonably expect such act would be performed.

Conduct of a servant is not within the scope of employment if it is different in kind from that authorized, far beyond the authorized time or space limits, or too little actuated by a purpose to serve the master.