Question

Which of the following are factors considered by courts in determining whether a particular act occurred within the course and scope of employment?

1) Whether the employee's act was authorized by the employer.
2) The amount of the employee's compensation is directly attributable to this act.
3) The time, place, and purpose of the act.
4) Whether the act was one commonly performed by employees on behalf of their employers.
5) Whether the employee furnished the means or instrumentality by which an injury was inflicted.
6) F. Whether the act was listed in the published job description for this employee's position.
7) G. Whether the employee was injured by the act.

Answer 1

Courts look at various factors to determine if an act happened within the scope of employment, including whether the act was authorized, common for the job, stated in the job description, and the context of the act, but not directly the compensation level or employment status.

Step-by-step explanation:

Courts consider several factors in determining whether an act occurred within the course and scope of employment. These include:

• Whether the employee's act was authorized by the employer.
• The time, place, and purpose of the act.
• Whether the act was one commonly performed by employees on behalf of their employers.
• Whether the employee furnished the means or instrumentality by which an injury was inflicted.
• Whether the act was listed in the published job description for this employee's position.
• Whether the employee was injured by the act.

These factors help establish if the activity was related to the job duties and whether the employer may be liable. Notably, the employee's level of compensation and employment status, as referenced in some employment laws, might indirectly influence these considerations but are not primary factors in themselves for this specific determination.