What are the three necessary factors to determine if an employee acted within the scope of employment?

To determine if an employee acted within the scope of employment, it is essential to assess the kind of conduct the employee engaged in, whether that conduct occurred on the job, and the intent to benefit the employer.

The kind of conduct relates to whether the actions taken align with the duties that the employee is expected to perform as part of their employment. Actions that are closely connected to the employee's work responsibilities are more likely to be considered within the scope of employment.

The occurrence on the job emphasizes that the activity must take place during the time the employee is working or performing duties related to their employment. Conduct that occurs outside the confines of their work environment or outside working hours typically doesn’t fall within this scope.

The intent to benefit the employer is crucial because if the employee was acting with the objective of helping their employer, this supports a finding that they were acting within the scope of employment. Even if the actions were not expressly authorized, if the intent was to advance the employer's interests, that can still establish the employer's liability.

Understanding these factors is vital for assessing vicarious liability in employment law. This framework allows for determining whether employers can be held responsible for their employees' actions when those employees are acting with the goal of benefiting the employer