The employer/employee relationship is unique in the law: Employees don’t just work for their employer, they are the employer’s alter ego, speaking and acting “on behalf of” the employer. Employees are “agents” of their employers and can bind the employer for debts and wrongful acts.
This is true even if the employer did not do wrong or did not directly cause injuries. Liability hinges entirely on whether the employee was acting within the scope of employment when he or she engaged in the bad act.
Anything done while the employee is doing the employer’s work generally will be considered within the scope of his or her employment—even if the employee is acting irregularly or disregarding the employer’s instructions about how to perform a given task.
But when an employee acts for “personal motives” unrelated to the employer’s business or advancing the employer’s objectives, the employer will avoid liability. In those situati...(register to read more)
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