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Even if intentional: An intentional act producing harm is not necessarily outside the scope of employment. Scope of employment means that the employee is doing something on behalf of the employer or that benefits the employer says accident attorney Brien Roche.An employer's liability for an employee's intentional acts may arise when the acts are within the real or apparent scope of employment. Respondeat superior is the doctrine that states that an employer is responsible for an employee. Under the Westfall Act, federal employees will not be held liable for wrongdoings committed during the scope of their employment. Here's the scenario: An employee commits an intentional act that is criminal in nature while on the clock. An injury must arise "out of and in the course of the employment" in order to be compensable under the North Carolina Workers' Compensation Act. An injury must arise "out of and in the course of the employment" in order to be compensable under the North Carolina Workers' Compensation Act. However, this rule applies only if the employee is acting within the course and scope of employment. Note: Generally, intentional torts are generally not considered to be within the scope of an employees duties or employment.