What is the test for determining whether an employee has acted within the scope of their employment?
California, United States of America
The following excerpt is from Mnyandu v. L.A. Unified Sch. Dist., B239104 (Cal. App. 2013):
10. Generally, "[w]hether an employee has acted within the scope of his employment is ordinarily a factual issue to be resolved by the trier of fact. [Citations.] [However, w]hen the facts are undisputed and no conflicting inferences possible, the issue becomes one of law. [Citations.]" (Fowler v. Howell, supra, 42 Cal.App.4th at p. 1751.)
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