News & Analysis as of September 21, 2024

Hiring & Firing › Negligent Hiring

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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 -

What You Need to Know About the Minnesota Supreme Court Decision on Negligent Selection of Independent Contractors

Winthrop & Weinstine, P.A. on 7/12/2024

The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of “negligent selection of an independent contractor.” This development holds significant implications for businesses that engage...more

How to Conduct Criminal Background Checks the Right Way

Cozen O'Connor on 2/11/2019

Criminal background checks are helpful in not only identifying applicants who might not be suitable for a job, but in limiting the potential liability associated with negligent hiring claims. Bethany Salvatore and Bryant...more

Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring,...

Carlton Fields on 12/10/2018

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability (“CGL”) insurance policy covers an...more

"It Was A Very Good Year" (For Freight Brokers)

Benesch on 11/20/2018

Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for freight brokers in 2018. In addition to capitalizing...more

Job Applicants and Employees with Criminal Charges and Convictions: What Can an Employer Do?

Butler Snow LLP on 8/3/2018

Employers use job applications to seek information about conviction records. Criminal background checks are often performed before hiring an employee. Why? The reasons seem obvious, but unfortunately, how the information can...more

Negligent Hiring and Supervision Can Be an 'Accident'

Farella Braun + Martel LLP on 6/11/2018

The California Supreme Court answered the Ninth Circuit’s certified question in Liberty Surplus Insurance v. Ledesma & Meyer Construction. The court rephrased the question presented to it as: “When a third party sues an...more

CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme...

Pillsbury - Policyholder Pulse blog on 6/6/2018

By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy. For years, insurance companies have sought to expand this prohibition to...more

“Ban the Box” Laws & Workplace Violence: An Employer’s Failure to Sufficiently Perform Background Checks Could Lead To Costly...

Sheppard Mullin Richter & Hampton LLP on 6/1/2018

Many states and municipalities throughout the country have enacted laws that mandate the removal of criminal conviction history questions from job applications. This so-called “Ban the Box” movement theoretically provides...more

Court Nullifies CFO’s Employment Because of Prior Extortion Conviction

Zuckerman Spaeder LLP on 11/3/2016

In lawsuits over contracts, parties sometimes assert defenses that contracts are voidable or void. A voidable contract is one as to which the party should have a choice as to whether it is enforceable or not; for example,...more

Fired For My Firearm? I’ll Sue!

Foley & Lardner LLP on 8/24/2016

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

Best Practices for Conducting Pre-Employment Background Checks in Canada

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/31/2016

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check...more

The Difficult Dilemma Facing Employers When It Comes to Threats of Workplace Violence

Snell & Wilmer on 4/7/2016

Unfortunately, headlines of tragic acts of violence in the workplace continue – and it is a trend that is not abating. The Occupational Safety and Health Administration estimates that approximately 2 million workers are...more

Employment Law - October 2015 #2

Manatt, Phelps & Phillips, LLP on 10/19/2015

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Hinshaw & Culbertson LLP on 8/11/2015

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

The Fair Credit Reporting Act: Why background checks are fueling the latest wave of class actions

McAfee & Taft on 6/1/2015

Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or...more

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

Proskauer Rose LLP on 4/17/2014

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment...more

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

Cranfill Sumner LLP on 7/8/2013

Because a general contractor is generally in charge of the entirety of a construction project, it is often assumed, and alleged in lawsuits, that the general contractor is legally responsible for the safety of the jobsite. ...more

New Texas Law Protects Employers from Negligent Hiring and Supervision Claims

Proskauer Rose LLP on 6/21/2013

On June 14, 2013, the governor of Texas signed HB 1188 to limit liability for negligent hiring and supervision of employees with criminal convictions....more

Fenwick Employment Brief - June 2013: Court Rejects Walmart’s Bid to Kick Negligent Hiring Claim by Contractors’ Employees

Fenwick & West LLP on 6/18/2013

A California federal district court held that companies may owe a duty of care to their prospective contractor’s employees in the hiring of such contractors. In Carrillo v. Schneider Logistics, Inc., plaintiff Everardo...more

New Texas Law Limits Negligent Hiring, Supervision Claims Against Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/17/2013

On June 14, Governor Rick Perry signed a new law that will preclude most causes of action for negligent hiring or negligent supervision against employers, general contractors, and premises owners. The new law (Texas H.B....more

Labor Letter, May 2013: After The Violence Come The Lawsuits

Fisher Phillips on 5/2/2013

A lawsuit filed against a business in Minneapolis, Minnesota demonstrates that the problems associated with workplace violence do not necessarily end once the violence stops. Recently, the family of one of six individuals...more

Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice

Maynard Nexsen on 2/18/2013

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when...more

No Negligent Hiring For Sexual Assault Where Employee’s Prior Misconduct Was Improper But Not Sexual In Nature, New Jersey...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/14/2012

In Gargano v. Wyndham Skyline Tower Resorts, a manager of a cleaning services company assigned to a Wyndham casino sued Wyndham for negligent hiring after she was sexually assaulted by a Wyndham employee. 2012 WL 5388949...more

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Hiring & Firing › Negligent Hiring

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