Going and Coming Rule California

In Baptist v. Robinson (2006) 143 Cal.App.4th 151, the court explained that, under the so-called "going-and-coming" rule: "an employee is not regarded as acting within the scope of employment while going to or coming from the workplace. This is based on the concept that the employment relationship is suspended from the time the employee leaves work until he or she returns, since the employee is not ordinarily rendering services to the employer while traveling. An exception to this rule is where the employee is engaged in a 'special errand' or 'special mission' for the employer. In that case the employee is considered to be acting within the scope of employment during the time he or she is engaged in the special errand. 'Thus, it is necessary to determine the main purpose of injury-producing activity: If it was the pursuit of the employee's personal ends, the employer is not liable.' Quoting Le Elder v. Rice (1994) 21 Cal.App.4th 1604, 1607." (Baptist v. Robinson, at p. 162 .)