Key point 10-02.03. Churches can be legally responsible on the basis of the respondeat superior doctrine for the actions of their employees only if those actions are committed within the course of employment and further the mission and functions of the church. Intentional and self-serving acts of church employees often will not satisfy this standard.
The doctrine of respondeat superior imputes an employee's negligence to his or her employer only if the negligence occurred in the course of employment. It often is difficult to ascertain whether employees are acting in the course of their employment at the time of a negligent act. Generally, conduct of an employee is in the course of employment if (1) it is of the kind the employee is employed to perform, (2) it occurs during the hours and within the geographical area authorized by the employment relationship, and (3) it is motivated, at ...
Already a member? Log in for full access.
This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.
