Reference no: EM133198223

Question:  The employee entered the premise willfully during a time of day that there would not be anyone else in the business. She willfully conducted others to and engaged in actions that put herself and others at risk. The explosiveness of the package while unknown the employee was still engaged in actions that a reasonable person would assume injury could occur. Sad truth is this is probably based on actual events.

While a company may be held liable for the actions of an employee while performing their duties, this would not meet the definition of scope of employment as laid out in The Doctrine of Respondeat Superior. The employee was not authorized to be there at that time a day. The time of the act occurred at 2am, which is not part of normal operations for the warehouse. The employers' interests were most certainly not advanced by the result of the employee's actions. The forklift was a company provided asset but was not used in the normal course of business. I do believe the events as they are laid out here represent a "frolic of his (her) own."

Depending on the nature of the warehouse, if they were storing goods for other vendors, they may have a financial responsibility to replace damaged property as a result of the employee's actions, that would most likely be covered under an insurance policy that covers such losses.

The employer certainly would have authority to terminate Ms. Careless based on the actions described and pursue legal remedies of their own for the trespass and the damages done to the property and begin gathering documents that support any criminal investigation against the employee. "Employment at will is the default rule regarding employment termination in forty-nine of the fifty U.S. states." (Corbett, 2021). Even with this as the guiding principle in the United States, it is in the company's best interest to anticipate any discrimination claims that may come up. Documents that would typically need to be provided in ascertaining all eventualities are employee records including any disciplinary action. This would help in determining if there were prior instances that would provide the employer with any foreknowledge that such an incident could occur. If there were signs to this effect did the employer do anything to provide assistance or resolve issues before the events that occurred. Employee handbooks that hopefully outline behaviors that are not allowed including being in the building while not engaged in work activities, not being on the premise at anytime while intoxicated. Other documentation could include any paperwork that defines a disability if it is applicable.

A few other considerations could be if the employer made reasonable efforts to keep the facility itself safe. Were there security surveillance initiated on the facility that would provide video evidence of the events. All of this information would be discussed with the lawyer in hopes that there is no doubt that the employee was not acting in any official capacity.