In what circumstances would the tortious act of an employee not make the employer vicariously liable?
If the action by the employee were clearly not part of the negligent employee’s employment. An employer was not held liable to injured field hands who were allowed to ride in from the fields on a tractor. The tractor driver’s act was not an authorized by the employer. If there is no significant connection between the negligent person’s act and the person’s employment, the employer may not be found vicariously liable. An employer was thus not found liable for arson committed by its security guard employee. An employer would not be liable if the employee was “on a frolic of his own” or off doing something which had nothing whatever to do with the employment. Employees who have had employers’ vehicles after hours and had accidents using such vehicles clearly for their own purposes and in no way related to their employment did not render the employers vicariously liable.
