What is the test for determining whether an employee's conduct falls within the scope of their employment?

California, United States of America


The following excerpt is from Elias v. Mcjab, Inc., D068119 (Cal. App. 2016):

"These various terms have been condensed into a two-prong disjunctive test. (Bailey v. Filco, Inc. (1996) 48 Cal.App.4th 1552, 1559; see id. at p. 1561 ['the two-prong test is substantively similar to the foreseeability-based test'].) The conduct of an employee falls within the scope of his or her employment if the conduct either (1) is

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