Under the concept of vicarious liability, who is held responsible for an employee's wrongful actions?

Study for the SHRM US Employment Laws and Regulations Test. Use flashcards and multiple choice questions with hints and explanations. Get exam ready!

Vicarious liability is a legal doctrine that holds an employer responsible for the negligent or wrongful actions of their employees that occur in the course of their employment. This principle is rooted in the idea that employers have a certain degree of control over their employees and the work environment, and therefore should be accountable for the actions of those employees while they are performing their job duties.

When an employee commits a wrongful act—such as negligence, harassment, or other unlawful behavior—while acting within the scope of their employment, it is the employer who may be held liable for any damages resulting from that action. This helps protect victims by ensuring that there is a party with sufficient financial resources to compensate for their losses, and also encourages employers to enforce policies and procedures that promote responsible behavior among employees.

In the context of this question, the employer bears the primary responsibility for the employee’s actions, reinforcing the principle that the employer should take preventative measures and maintain a safe and lawful workplace. This does not negate the potential for the employee to be held personally liable in certain circumstances, but under the doctrine of vicarious liability, the primary responsibility lies with the employer.

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