Plaintiff alleges that defendant Michael Alexander, an Equinox employee, slandered him when he told another Equinox employee that he had witnessed plaintiff engaging in lewd conduct in an Equinox steam room. Regardless of whether Alexander was on or off duty at the time that he made this statement, Equinox cannot be held liable for the statement under the theory of respondeat superior if Alexander was not acting within the scope of his employment when he made the statement...
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