True or False: If an employer directed a notary to commit misconduct, the employer may be liable.

• A. False
• B. True
• C. Not sure
• D. Only if the notary signs a contract

Answer: (B)

When an employer directs a notary to commit misconduct, the employer can be liable under agency principles. A person acting as an employee or agent can bind the employer to liability for wrongful acts carried out within the scope of that employment, especially when the employer directed or participated in the conduct. So if the employer orders the notary to do something illegal or to violate notary rules, the employer’s liability arises from that directive and control over the notary. The notary may also bear personal responsibility, but the employer’s exposure is real because of the directive and supervisory role.