Tuesday, June 19, 2012 8:47:09 AM
"respondeat superior", just to clarify my previous reples to you for the "respondeat superior" concept, because I know you are going to want to argue "wording" trying to make your opinion argument seem to fit in some way because you have a tendancy to do so. When I posted previously "All 50 states hold their state government employees responsible 24 hours a day, and for the U.S. government an employee is responsible 24 hours a day.
", I intended it as another example of when the concept of "respondeat superior" would apply and not that it applies in the case of the SEC complaint or to imply that the company or Hague was or are government employees. So to correct my previous reply to you (oh, and its actually all 50 states, in one reply I said "some" but its actually all 50 states:
Cartman, the concept of "respondeat superior" you bought up applies while performing expected work duties during the course of normal employment times (for simple example, an employee has a traffic accident and does property damage or injury while using a company vehicle and during work hours while in the course of his/her normal expected duties). It does not extend outside those duties of employment (or "work place") except in certain cases for certain "career fields" such as police, military, medical, etc... those things where there is a legal obligation towards society of some sort by virtue of training and (or) unique expertise. As another example when the concept of "respondeat superior" would apply; All 50 states hold their state government employees responsible 24 hours a day, and for the U.S. government an employee is responsible 24 hours a day.
Clearly (if things are as alleged in the complaint) Hague was not performing normal expected work duties and what the alleged offenses are were performed by him intentionally discarding the obligation of duty and abusing his position of trust. "respondeat superior" also does not apply for crimes or intentional violations of law because these are not considered in the scope of employment or employment duties.
"respondeat superior" does not apply in the case of the SEC complaint or in the case of the criminal charges against Hague, so the company would not be held responsible for his actions because the alleged offenses are crimes or intentional violations of law and were not in performance of normal expected work dtuties.
", I intended it as another example of when the concept of "respondeat superior" would apply and not that it applies in the case of the SEC complaint or to imply that the company or Hague was or are government employees. So to correct my previous reply to you (oh, and its actually all 50 states, in one reply I said "some" but its actually all 50 states:
Cartman, the concept of "respondeat superior" you bought up applies while performing expected work duties during the course of normal employment times (for simple example, an employee has a traffic accident and does property damage or injury while using a company vehicle and during work hours while in the course of his/her normal expected duties). It does not extend outside those duties of employment (or "work place") except in certain cases for certain "career fields" such as police, military, medical, etc... those things where there is a legal obligation towards society of some sort by virtue of training and (or) unique expertise. As another example when the concept of "respondeat superior" would apply; All 50 states hold their state government employees responsible 24 hours a day, and for the U.S. government an employee is responsible 24 hours a day.
Clearly (if things are as alleged in the complaint) Hague was not performing normal expected work duties and what the alleged offenses are were performed by him intentionally discarding the obligation of duty and abusing his position of trust. "respondeat superior" also does not apply for crimes or intentional violations of law because these are not considered in the scope of employment or employment duties.
"respondeat superior" does not apply in the case of the SEC complaint or in the case of the criminal charges against Hague, so the company would not be held responsible for his actions because the alleged offenses are crimes or intentional violations of law and were not in performance of normal expected work dtuties.
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