Posted On: February 4, 2010 by Tamari & Blumenthal, LLC

Illinois Courts Define Respondeat Superior

In Illinois, an employer is subject to vicarious liability for his employees under the doctrine of respondeat superior. Bank of America, N.A. v. Bird.392 Ill.App.3d 621, 911 N.E.2d 1239, 331 Ill.Dec. 1009 (2009). Under this doctrine, an employer can be held liable for his employee’s misconduct if the misconduct is within the scope of the employment. See id. In order to show that an employee’s actions are within the scope of his employment, “the conduct must be of the kind the employee is employed to perform, must occur within the authorized time and space limits of the employment, and must be done at least in part to serve the employer, rather than be for the employee’s personal ends.” Bagent v. Blessing Care Corp., 224 Ill.2d 154, 164-65, 308 Ill.Dec. 782, 862 N.E.2e 985, 991-92 (2007).

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