If I am an owner of a business and a situation occurs with an associate on duty without my presense. can the associate be held liable for any legal action?

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If I am an owner of a business and a situation occurs with an associate on duty without my presense. can the associate be held liable for any legal action?

Or is it sole responsibilty of the owner?

Asked on September 3, 2012 under Employment Labor Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the associate's (employee's) action constituted negligence, the employer is liable for the negligence of the employee which occurred during the course and scope of employment.

If the employee's action was intentional, intentional acts are generally outside the course and scope of employment and the employer would not be liable.

The issue here is whether or not the employee was acting within the course and scope of employment.  If the employee was acting within the course and scope of employment, the employer is liable.  If the employee's action was outside the course and scope of employment, the employee is personally liable and the employer is not liable.

If the associate is an independent contractor, the employer is NOT liable for the independent contractor's negligent acts and the independent contractor is personally liable.

 


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