What is the test for determining whether an employee's conduct falls within the scope of employment?
MultiRegion, United States of America
The following excerpt is from Kashin v. Kent, 457 F.3d 1033 (9th Cir. 2006):
Id. (citation omitted). Several factors are indicative of whether an employee's conduct falls within the scope of employment. District of Columbia v. Davis, 386 A.2d 1195, 1203 (D.C.1978). The court evaluates "whether the employer at the time had the right to control and direct the employee in the performance of his work." Id. The court evaluates also "the employee's state of mind" to determine whether the employee subjectively believed that he was acting within the scope of employment. Id.
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