التفاصيل البيبلوغرافية
| العنوان: |
Negligent Hiring and Criminal Record Information: A Muddled Area of Employment Law. |
| المؤلفون: |
Miller, Gary D.1, Fenton Jr., James W.1 |
| المصدر: |
Labor Law Journal. Mar91, Vol. 42 Issue 3, p186-192. 7p. |
| مصطلحات موضوعية: |
*EMPLOYEE recruitment, *EMPLOYEE retention, *LABOR laws, *EMPLOYEE screening, *PERSONNEL management, *ACTIONS & defenses (Law), THIRD parties (Law) |
| مصطلحات جغرافية: |
UNITED States |
| مستخلص: |
This article offers an overview of the negligent hiring and retention doctrine in the U.S. Among other pre-employment discovery initiatives, some courts routinely expect employers to investigate a job applicant's past for possible criminal activity. Considering the fact that individual states control the avenues to a person's arrest and conviction history, the array of laws and their individualized structure and structures is somewhat eclectic. Such diversity fosters an unreasonable burden on the employer to pursue a pre-employment investigation. As commentators have pointed out, negligent hiring and retention cases represent one of the fastest growing areas of employment law. A majority of states have recognized a cause of action for either negligent hiring or retention, and the trend is clearly toward acceptance of the doctrine and further expansion of employer liability for injuries caused by employees. Under the doctrine, employers can be held liable for intentional injuries inflicted by their employees on third parties, if the employer breached a duty to use reasonable care in selecting and retaining competent employees. In order to impose such liability, the cause of action requires that the employer had knowledge of, or should have known about, the propensity of an employee to injure third parties. Although the acts of the employee do not have to occur in the course of employment to impose liability, it is fundamental to show the existence of a duty owed to the plaintiff by a defendant employer. INSET: Juristdiction and Timeliness. |
| قاعدة البيانات: |
Business Source Index |
