Negligent Hiring/Retention

Want to read the rest of this paper? Join Essayworld today to view this entire essay and over 50,000 other term papers

Human resources managers can be heard in
corporate hallways mumbling about these apparent conflicts and
incongriuties in common law and government mandate.

Historically, If a worker commited a negligent act, a plaintiff often
would sue his or her employer under the theory of Respondeat Superior, or
let the master respond. (3) This doctrine holds the employer liable for his
or her employees' negligent, on the job actions and does not depend in any
way on the fault of the employer. (4) Common law held that employers owed
thier employees a duty to provide a safe place to work. Eventually, this
duty was extended to providing safe employees, because the courts reasoned
that a dangerous co-worker is comparable to a defective machine. (5)

In the majority of successful negligent hiring/retention court cases
the nature of the relationship between customer plaintiff and business
defendant seems to drive the outcome. In cases in which plaintiffs have
recovered, there appears to be a ...

Get instant access to over 50,000 essays. Write better papers. Get better grades. Already a member? Login

331 N.W. 2d, 907 {1983}.) This means that the employer
should have known before hiring an individual that the person was unfit for
employment. Negligent retention is an after-the-fact consideration (See
Cherry vs. Kelly services Inc., 2d 463 {1984}) applying to the instances in
which the employer becomes aware of the employee's unfitness after hiring
him or her. Here the employer has an obligation to initiate an action to
counter the person's unfitness, including retraining, reassignment,
rescheduling or discharge ( See Cutter vs. Farmington, 498 A. 2d 316{N.H.
1985}.) For example, in Abbot vs. Payne et al (57 So. 2d 1156 {Fla. App. 4
Dist. 1984}) a negligent hiring and employment ...

Succeed in your coursework without stepping into a library. Get access to a growing library of notes, book reports, and research papers in 2 minutes or less.

CITE THIS PAGE: