3724. Social or Recreational Activities

3724. Going-and-Coming Rule--Business-Errand Exception Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 In general, an employee is not acting within the scope of employment while traveling to and from the workplace. But if the employee, while commuting, is on an errand for the employer, then the employee's conduct is within the scope of his or her employment from the time the employee starts on the errand until he or she returns from the errand or until he or she completely abandons the errand for personal reasons. In determining whether an employee has completely abandoned a business errand for personal reasons, you may consider the following: a. b. c. d. e. f. g. The intent of the employee; The nature, time, and place of the employee's conduct; The work the employee was hired to do; The incidental acts the employer should reasonably have expected the employee to do; The amount of freedom allowed the employee in performing [his/her] duties; and The amount of time consumed in the personal activity; [specify other factors, if any]. _______________________________________________________________________________ New September 2003; Revised June 2014, May 2017