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Business & Professions Code §7583.39 holds the licensee (security company) responsible for which of the following conduct by an employee guard?

a.Only conduct that the licensee authorized in advance and in writing for that specific post
b.Only criminal conduct by the employee; civil torts such as false arrest remain the guard's personal responsibility alone
c.Only conduct occurring during the guard's paid hours; anything after the shift ends is outside the licensee's responsibility
d.Conduct of the employee acting within the scope of employment — creating vicarious liability for the security company

Explanation

BPC §7583.39 (and California vicarious-liability principles, including respondeat superior under Civil Code §2338 and case law) make the security licensee responsible for acts of employees within the scope of employment. A wrongful arrest, excessive force, or unlawful detention by a uniformed guard on duty creates direct exposure for the security company. This is why companies require training, policy compliance, and incident reports. Options (a)-(c) misstate scope-of-employment doctrine — written pre-authorization is not required and civil torts are within scope.

Law Reference: Cal. Business & Professions Code §7583.39

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