Is an employee acting in the course and scope of his employment when he is engaged in work he was employed to perform?

California, United States of America


The following excerpt is from Koenig v. Cnty. of San Bernardino, E057342 (Cal. App. 2015):

"'"Succinctly stated, an employee is acting in the course and scope of his employment when he is engaged in work he was employed to perform [citations], or when the act is an incident to his duty and was performed for the benefit of his employer and not to serve his own purposes or convenience."'" (Mazzola v. Feinstein (1984) 154 Cal.App.3d 305, 311.) Acts incidental to an employee's regular duties, "'"if of benefit to the employer and not personal to the employee, are within the scope of his employment . . . ." [Citation.]' [Citation.]" (Id. at p. 312)

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