Jolie, an employee of Tenholder, Inc., was drinking during her lunch break on Tuesday. When she got back to work, her boss, Brian, noticed that she had been drinking and sent her home for the remainder of the day, without pay. Brian instructed Jolie to leave her car at work and take a Taxi home and he would pick her up in the morning on his way back into work. Jolie disobeyed and drove home. On her way home, Jolie caused an accident. Is Tenholder, Inc. liable for the damages resulting from the car accident? In answering the question, discuss if an agency relationship exists between Jolie and Tenholder, Inc.

I have explained the answer below.

Step-by-step explanation

The main element that distinguishes employees whether he is an agent is whether the principal has the right to control the "physical conduct" or the "manner and means" of the agent's work. If the principal does have this right then the agent is an employee. In this case, we can see that the tenholder inc has control over the work of Jolie because the boss said to Jolie that she don't need to work here in the office because she was drunk and sent her home by directing her that she must taxi because she cannot drive under influence. Therefore, there is no agency relationship exist between Jolie and Tenholder.

In general rule, an employer is liable for torts committed by employees within the scope of their employment under the respondeat superior doctrine. However, in this case, Jolie committed two offense i,e. she was drunk during the course of her employment and she drove the car under influence. Therefore, No, Tenholder is not liable for the damages resulting from the car accident done by Jolie because she was drunk, she acted negligently and intentionally without taking reasonable care. Her boss told her that she should take a taxi but she disobeyed him and drove the car intentionally. At that time, she was not acting in the course of her employment because she was directed by the boss that she could leave the office because she was drunk, therefore, in this case, an employer will not be liable for the car accident.