“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 the employee’s employment from the time the employee starts on the errand until the employee returns from the errand or until the employee 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. The intent of the employee; b. The nature, time, and place of the employee’s conduct; c. The work the employee was hired to do; d. The incidental acts the employer should reasonably have expected the employee to do; e. The amount of freedom allowed the employee in performing the employee’s duties; f. The amount of time consumed in the personal activity.”
[CACI Jury Instructions [citations omitted]]
