Final answer:
The employee's negligent supervision by the employer has no bearing on whether an employer will be vicariously liable for an employee's intentional tort. Vicarious liability is concerned with the relationship between the employee's act and the employer's business.
Step-by-step explanation:
The question addresses the conditions under which an employer may be vicariously liable for their employee’s actions, specifically in the context of intentional torts. When considering vicarious liability, certain circumstances can influence a court's decision on whether the employer should be held responsible for the behavior of their employees. These include:
- The employee was acting in furtherance of the business of the employer.
- Friction generated by the employment led to the tortious act.
- The use of force was authorized in the employment.
However, the employee's negligence in supervision by the employer, such as the example provided where a construction worker is laid off and takes a job at a fast food restaurant with no previous interest in food preparation, is not typically pertinent to establishing vicarious liability regarding intentional torts committed by the employee. This is because vicarious liability is more concerned with the relationship between the employee's act and the employer's business, rather than the employer's failure to prevent the act through proper supervision.