Acts Outside Employee's Regular Duties That Benefit Others
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| When an employee acts to benefit his employer, he is considered to be within the course of his employment as long as such actions were undertaken in good faith. It is immaterial whether the employee's own regular work assignments were furthered by his actions; it is merely whether the employer's interests were promoted. As a corollary to this rule, it is also the case that if an employee aids a co-worker with the co-worker's job duties, his good faith actions in doing so are also within the course of his employment. Compensation has even been awarded to an employee who was injured while helping a co-worker after the employee's regular workday had ended. The reasoning behind the allowance of compensation in instances such as this is that it is contrary to the employer's best interests to inhibit the helpful nature of employees. Thus, helping a fellow employee is advancing the employer's interests, albeit indirectly.
As a further extension of the "employer's interest" test, courts have found that an employee's act in helping others, whether they be customers, independent contractors, or strangers, is within the course of employment if it ultimately serves to further the employer's work. The action, as being within the "course of employment," is even stronger when the employee is directed to engage in the action by a senior employee or supervisor. With respect to customers and other third parties, the employer's interests are considered "furthered" because the employee's helpful actions generate good will and, thereby, enhance the reputation or standing of the employer. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |