When a court considers whether an employee's act occurred within the scope of his or her employment, it considers, among other things, whether the employee used force not expected by the employer.

Question

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When determining if an act occurred within the scope of employment, courts consider various factors, including whether the employee's use of force was unexpected by the employer, as this can indicate the act was outside the scope of employment.

When a Court Considers Whether an Employee's Act Occurred Within