why will i sue an employer for the crime his employee has committed?

why will i sue an employer for the crime his employee has committed?

[randalljd]

Employers are sometimes liable but not always.

depends if the employer was involved and/or directing the employee at the time...

[randalljd]

New Mexico law provides that an employer will be held liable for the acts of its employees when those acts are within the course and scope of employment. The New Mexico Uniform Jury Instruction, given in all such cases where this is an issue, defines an act as falling within the "scope of employment" if:

(1) It was something fairly and naturally incidental to the employer's business assigned to the employee; and

(2) It was done while the employee was engaged in the employer's business with the view of furthering the employer's interest and did not arise entirely from some external, independent and personal motive on the part of the employee.

UJI 13-407 NMRA 1998. Thus, a bar was held liable when its doorman employee assaulted a patron in the bar parking lot. Medina v. Graham's Cowboys, Inc., 113 N.M. 471, 827 P.2d 859 (Ct. App. 1992).