News & Analysis as of September 20, 2024

Hiring & Firing › Negligence

+ Follow

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Federal Court Allows Ex-Teacher’s First Amendment Claim to Proceed to Trial

McNees Wallace & Nurick LLC on 7/25/2024

A jury will consider a former teacher’s (Mr. Moorehead) First Amendment claim against his former employer, a Pennsylvania School District (the “District”). The claim arose from Mr. Moorehead’s attendance at the “Stop the...more

Failure to Train, Discipline, or Supervise Employee Could Lead to A Negligence in Supervision Claim

Stark & Stark on 1/29/2024

In a previous blog post, I wrote about the elements of a negligence hiring claim and made recommendations how to avoid liability for your business. A negligence in supervision/retention claim has certain similarities to the...more

Understanding the Interplay of Punitive Damages and Direct Claims in Trucking Accidents

Weber Gallagher Simpson Stapleton Fires &... on 12/22/2023

The recent case of Villagran v. Freightbull, Inc., No. 22-CV-2159 (E.D. Pa. Oct. 12, 2023, McHugh, J.) provides good case law for the trucking industry regarding the interrelatedness of claims for punitive damages and direct...more

Tennessee Federal Court Grants Franchisor’s Motion to Dismiss Claims for Negligent Hiring of Franchisee

Lathrop GPM on 5/9/2023

A federal court in Tennessee recently granted a franchisor’s motion to dismiss claims alleging that a franchisor was liable for a workplace mass shooting by a franchisee. Fernald v. JFE Franchising, Inc., 2023 WL 2938312...more

Illinois Supreme Court Rejects Long Standing Rule and Now Allows Claims for Direct Negligent Actions Against Employers When Agency...

Amundsen Davis LLC on 5/27/2022

In an opinion handed down on April 21, 2022, the Illinois Supreme Court reversed Illinois law and now allows direct and vicarious liability actions against employers. The decision, McQueen v. Green, 2022 IL 126666, now allows...more

Preventing Pesticide Illness Claims

Rumberger | Kirk on 7/22/2020

There are a number of steps PMPs can take to limit their exposure to claims from customers. MPs and manufacturers sometimes face a variety of claims from consumers, spurred by anti-pesticide activists, alleging that...more

Using Vicarious Liability to Defeat Employer Negligence Claims

Rumberger | Kirk on 6/22/2020

In lawsuits involving commercial trucking accidents, plaintiffs frequently sue the driver’s employer for vicarious liability (respondeat superior and/or dangerous instrumentality doctrine), as well as for negligent hiring,...more

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer 2019

Orrick, Herrington & Sutcliffe LLP on 9/19/2019

Personal Jurisdiction Based on Knowledge of Texas Port of Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination Carmona v. LEO Ship Management, Inc., US Court of Appeals...more

Missouri Appellate Court Declines To Recognize Cause Of Action For Negligent Recommendation To A Prospective Employer

Amundsen Davis LLC on 6/13/2019

There is no duty of care to “not make a negligent recommendation to a prospective employer” in Missouri. That is the upshot of an April, 2019 ruling out of Missouri’s Southern District Appellate Court, Doe v. Ozark Christian...more

Lack of Statutory Private Right of Action is No Bar to Privacy Suit

Holland & Knight LLP on 11/16/2018

HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more

North Carolina Legislature Expands Opportunities for Employment of Persons With Criminal Records; Shields Employers From...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/27/2018

North Carolina Governor Roy Cooper recently signed House Bill (HB) 774, which will broaden the situations in which individuals convicted of certain crimes may petition for a “certificate of relief.” HB 774 will help reduce...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Seyfarth Shaw LLP on 6/1/2018

Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

2018 Arizona Legislative Session: What’s New for Arizona Employers?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2018

Arizona’s fifty-third legislature ended in early May of 2018 while over 50,000 demonstrators protested for increased education funding at the state capitol. While the #RedForEd movement essentially ground all remaining...more

What Crawled Out from Under That Rock- Negligent References and Reporting Issues

Dentons on 10/17/2017

Many employers faced with an employment termination decision look for the simplest process for termination, one that causes the least hardship for the employee and mitigates the most litigation risk for the employer....more

California Just Banned the Box!

Fisher Phillips on 10/16/2017

On October 14, Governor Brown signed AB 1008 to prohibit most public and private employers with five or more employees from asking applicants about criminal conviction histories until after a conditional offer of employment...more

Fifth Circuit Affirms Order Compelling Arbitration Against Non-Signatories Based On “Intertwined Claims” Estoppel

Carlton Fields on 10/17/2016

A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment. While two of the defendants were signatories to...more

Judge finds Genesis Healthcare free of any FCRA violations

Robinson+Cole Data Privacy + Security Insider on 10/9/2015

On October 1, 2015, U.S. District Judge Mark Kearney rules that Genesis Healthcare LLC (Genesis) did not violate the Fair Credit Reporting Act (FCRA) when it employed a third party to conduct a criminal history background...more

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

Littler on 9/16/2015

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

Virginia Shooting Raises Questions About Background Checks

Cozen O'Connor on 8/31/2015

First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an...more

Employment Law in Colombia: Part III

Fisher Phillips on 7/17/2015

This article is the third in a series which provides an overview of the basics of employment law in Colombia and will focus on laws governing employment terminations, including just cause reasons for terminating the...more

How to Avoid Negligent Credentialing Liability

Katten Muchin Rosenman LLP on 3/17/2015

In the seminal decision Darling v. Charleston Community Memorial Hospital (1965), the Supreme Court of Illinois held for the first time in the United States that a hospital is legally responsible for making sure that a...more

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

Foley Hoag LLP - Global Business and Human... on 1/26/2015

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

Appellate Court Notes

Pullman & Comley, LLC on 10/8/2014

SC19119 - Iacurci v. Sax - SC19119 Dissent - Iacurci v. Sax - Plaintiff sued his accountant for negligence and was trying to get around the 3-year statute of limitations of 52-577. In opposition to the...more

Employer Can Be Liable for Negligently Terminating an Employee Based on Co-Worker’s Discriminatory Conduct

Foley Hoag LLP on 6/4/2014

On May 23, 2013, the U.S. Court of Appeals for the First Circuit held in Velazquez-Perez v. Developers Diversified Realty Corp. that an employer may be liable under Title VII for negligently terminating an employee. Although...more

29 Results

View per page

Page: of 2

Hiring & Firing › Negligence

"My best business intelligence, in one easy email…"