Investigations & Employment Screening

Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.  "Respondent superior", Latin for "let the master answer", is a legal doctrine which states that an employer is responsible for employee actions performed within the course of the employment.

Employers are vicariously liable, under the respondeat superior doctrine, for negligent acts or omissions by their employees in the course of employment.  For an act to be considered within the course of employment it must either be authorized or be so connected with an authorised act that it can be considered a mode, though an improper mode, of performing it.  Courts sometime distinguish between an employee's "detour" or "frolic".  For instance, an employer will be held liable if it is shown that the employee had gone on a mere detour in carrying out their duties, whereas an employee acting in his or her own right rather than on the employer's business is undertaking a "frolic" and will not subject the employer to liability. Neither, generally, will an employer be held liable for assault or battery committed by employees, unless the use of force was part of their employment (e.g. police officers, nightclub bouncers), or they were in a field likely to create friction with persons they encountered (e.g. car repossessors).

How We Serve Our Clients

Our firms represents companies and audit  committees of the board of directors in investigating disclosure concerns, alleged corporate or employee misconduct, and potential fraud, negligence, or breach of fiduciary duty.  When clients call upon us to investigate actions that may violate the law or established corporate policies, our team endeavors to undertake a thorough, professional, and confidential study, and to focus on identifying problems, recommending how to resolve them, and helping ensure they do not happen again.