Examples of an Employee Working Outside of the Scope of Employment

by Tia Benjamin, Demand Media

Although employees in small businesses typically perform much more generalist and varied duties than employees at a large company, it is critical for small-business owners to know the essential functions of each employee's job role and the typical duties each employee will perform. The scope of employment defines the employer's liability in a variety of situations and consequently, both employer and employee should understand the expectations of the position.

Legal Test of Scope

Although differences by state exist, the typical test used by the courts to determine if an employee is working outside the scope of employment involves some assessment of factors such as the duties or tasks performed and whether they are similar to what the employee was hired to do, if the task was undertaken primarily during working hours and if the task benefits the employer.

Classification and Compensation

Requiring an employee to work additional tasks of greater complexity with more responsibility and less oversight is typically an indicator that the employee is working outside the scope of employment. Many employers pay employees a stipend for taking on additional duties that are generally compensated at a higher level -- for example, the employee who fills in as a supervisor while the supervisor is on an extended medical leave.

Respondeat Superior

If an employee of the company harms another individual in some way -- such as injury or slander, for example -- the company will also be liable for the damages if the employee was acting within the scope of employment. Minor deviations from work tasks -- such as a trip to the lunchroom -- still fall within the scope of employment, but more substantial deviations -- such as the employee who goes to the bar at lunchtime and gets in a drunken bar fight -- are likely to be considered outside the scope of employment.

Workers' Compensation

An employer is not liable for an injury sustained outside the scope of the employee's employment, unless the employer required the employee to perform the task in question. For example, an employee who sustains injuries in a car accident while delivering a package for the employer is likely to be covered by workers' compensation. But if the injury occurs because the employee decided to follow an unconventional, unnecessary and dangerous route -- showing off that he could drive his new all-terrain truck through a construction site, for example, instead of taking the available street route -- it is probably outside the scope of employment and not compensable. However, this accident might be considered within the scope of employment if the employer had directed the employee to deliver the package as fast as possible and the construction site was a shortcut, albeit a dangerous one. The issue of scope in workers' compensation cases is complicated, and consequently, these incidents may often be decided by a judge.

About the Author

For more than a decade, Tia Benjamin has been writing organizational policies, procedures and management training programs. A C-level executive, she has more than 15 years experience in human resources and management. Benjamin obtained a Bachelor of Science in social psychology from the University of Kent, England, as well as a Master of Business Administration from San Diego State University.

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