Employer become liable for the torts of an employee?

• A. The employer is always liable
• B. The liability applies only for acts performed at work
• C. The liability applies even when outside the scope
• D. Must be within scope of employment

Answer: (D)

Respondeat superior governs this: an employer can be held liable for an employee’s tort only if the wrongful act is within the scope of employment. That means the act is of the kind the employee is employed to perform, occurs during the course of work or to further the employer’s interests, and is not a purely personal venture. If the employee drifts on a personal detour or commits a completely independent act (a “frolic”), the employer typically isn’t liable. Incidental acts performed while carrying out job duties, or during travel related to work, are often within scope and can bring the employer into liability. Since the question asks when the employer becomes liable for an employee’s torts, the requirement is that the act be within the scope of employment.