Going and Coming Rule

News & Analysis as of

Recent Workers' Compensation Cases Focus on "Going and Coming" Rule

As a general rule, an employee is deemed not to be "in the course and scope of employment" and is therefore not entitled to workers' compensation benefits, while commuting to and from work. This is known as the "going and...more

Torts – Vicarious Employer Liability – Going and Coming Rule

Torts – Vicarious Employer Liability – Going and Coming Rule - Court Of Appeal, Fourth Appellate District (September 10, 2014) - Under the theory of respondeat superior, employers are vicariously liable for...more

Employment Law Commentary -- Volume 26, Issue 1 -- January 2014: Can Employers Be Liable for Employees’ Car Accidents During...

It is rare these days for a California appellate court to weigh in on whether an employer is vicariously liable for accidents involving an employee that occur during the employee’s commute to and from work. The law was...more

Yoga and Yogurt: All in a Day’s Work

Question: Is an employer liable for the damage caused by its employee when that employee is involved in an automobile accident outside of work hours and on a personal errand? Answer: As with most things, it...more

Who Pays When Employees Crash Their Cars After Hours? It Could Be You….

One would think that, under the “going and coming” rule, employers could never be liable for torts committed by their employees during the employees’ commutes. Think again. If employers require employees to use their cars or...more

Weekly Law Resume - October 2013: Torts–Vicarious Liability–Special Errand Exception to “Going and Coming” Rule

Nadja Rayii v. Melvin Ovidio Gatica, et al. - Court of Appeal, Second Appellate District, Division Three (July 24, 2013) - The “going and coming” rule generally exempts employers from liability for wrongful acts...more

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his...more

When is an Employee's Automobile Accident an Employer's Responsibility?

Two recent California Appellate decisions reached different results on the issue of when an employer is liable for an employee’s automobile accident. In Moradi v. Marsh, the court found the employer liable for an employee’s...more

California Employers: Beware Employees' Use of Personal Vehicles for Business Purposes

A California Court of Appeal held on September 17, 2013, that an employer's requirement that its employee use her personal vehicle for work-related travel rendered the employer responsible for injuries suffered by a third...more

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