Legal Definitions - going-and-coming rule

The going-and-coming rule is a principle that states that an employee's actions while commuting to or from work are generally not considered within the scope of their employment. This means that if an employee commits a tort (a wrongful act that causes harm) during their commute, their employer is not typically held responsible.

• An employee is driving to work and causes a car accident. The victim of the accident cannot sue the employer for damages because the employee was not acting within the scope of their employment at the time of the accident.
• An employee is walking to work and accidentally bumps into someone, causing them to fall and get injured. Again, the employer is not liable for the employee's actions because they were not acting within the scope of their employment.

These examples illustrate how the going-and-coming rule works. If an employee is not actively working or performing job duties, their actions are generally not considered within the scope of their employment. This means that the employer cannot be held responsible for any harm caused by the employee during their commute.