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Respondent Superior

How would you advise an employer to limit the scope of employment under respondent superior of their employees, and what steps should they take? By limiting the scope of employment, will the employer be limiting an employee qualifying for FMLA (i.e., for calculating the 1,250 hours worked to be eligible for it)? Will the employer also be limiting other liability (i.e., workers compensation, etc.)?

Please cite references if any, thanks

Solution Preview

Hi I need to understand this sample question better in regards to respondeat superior, thanks
How would you advise an employer to limit the scope of employment under respondent superior of their employees, and what steps should they take? By limiting the scope of employment, will the employer be limiting an employee qualifying for FMLA (i.e., for calculating the 1,250 hours worked to be eligible for it)? Will the employer also be limiting other liability (i.e., workers compensation, etc.)?
Please cite references if any, thanks

How would you advise an employer to limit the scope of employment under respondent superior of their employees, and what steps should they take? Respondent superior is applied via a basic test to determine if an employee's tort occurred within the scope of employment. The following is a list of factors that will be used to determine the management employee's intent: employee's intent, ...

Solution Summary

The employer has to protect itself against respondeat superior. Let's examine the steps that the employer must take to do so. Are there steps an employer can take to limit exposure to FMLA, workers compensation or other benefits by changing the scope of employment.

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