What is the going-and-coming rule in employment law?

California, United States of America


The following excerpt is from O'Connor v. McDonald's Restaurants, 220 Cal.App.3d 25, 269 Cal.Rptr. 101 (Cal. App. 1990):

2 "Generally, an employee is outside the scope of his employment while engaged in his ordinary commute to and from his place of work. [Citation.] This principle is known as the going-and-coming rule and is based on the theory that the employment relationship is suspended from the time the employee leaves his job until he returns and on the theory that during the normal everyday commute, the employee is not rendering services directly or indirectly to his employer. [Citation.]" (Felix v. Asai, supra, 192 Cal.App.3d at p. 931, 237 Cal.Rptr. 718.)

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