Essay on The Employment Of A Peanut Vendor

828 Words Nov 28th, 2015 4 Pages
2. Was Kary acting within the scope of her employment as a peanut vendor when she added curry powder to the peanuts she was selling?
An employee is acting within the scope of his employment when he is performing tasks or duties for which he has been employed. Williams v. Cmty. Drive-In Theater, Inc., 214 Kan. 359, 364, 520 P.2d 1296, 1300 (1974). If the employee is performing tasks that are reasonably related to the purpose of their employment, this is indicative to the scope of employment. The guidelines and business practices also determine whether the employee was acting within the scope of their employment. Wayman v. Accor N. Am., Inc., 45 Kan. App. 2d 526, 531, 251 P.3d 640, 645 (2011).
“Whether the act performed by the worker was forbidden by the business is not included on a scope of employment test. The test is meant to show if the action was foreseeable by their duties as an employee.” Commerce Bank of St. Joseph, N.A. v. State, 251 Kan. 207, 210, 833 P.2d 966, 999 (1992). Acts that were an incidental deviation by an employee from the strict course of duty does not mean it is outside the scope of employment if the act is still continuing within the business of the employer. O’Shea V. Welch, 350 F.3d 1101, (10th Cir., 2003).
Kary is likely to be acting within the scope of her employment when she added the curry powder to her peanuts. Kary’s job was simply to sell peanuts. The flyer that she was handed by George said to “distinguish yourself” and “be creative.” This…

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