3723. Substantial Deviation

3723. Substantial Deviation Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If [an employee/a representative] combines his or her personal business with the employer's business, then the employee's conduct is within the scope of [employment/authorization]. However, if at the time of the conduct the [employee/representative] was not performing work for his or her employer, either directly or indirectly, but was acting only for his or her own personal reasons, then the conduct was not within the scope of [employment/authorization]. [An employee's conduct that slightly deviates from an employee's work is to be expected. For example, acts that are necessary for an employee's comfort, health, and convenience while at work are within the scope of employment.] ________________________________________________________________________________ New September 2003; Revised June 2006, April 2008, June 2014