Off the Clock and on the Hook: A Primer on Employer Liability for the Acts of Employees Committed Away from Work

Source: Robert M. Forni, Jr., Employee Relations Law Journal, Vol. 35 no. 1, Summer 2009

Under the doctrine of respondeat superior, an employer is vicariously liable for its employees’ torts committed within the scope of employment. In general, however, employers are not liable for damages arising from injuries caused by their employees while they are away from work. In this article, the author explains the doctrine if respondeat superior, the “lunch break” and “coming and going” rules, and the exceptions thereto.

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