Negligent Hiring

News & Analysis as of

Supreme Court of Mississippi Affirms Disclaimer Based on Professional Liability Exclusion

In its recent decision in Gray v. Arch Specialty Ins. Co., 2014 Miss. LEXIS 534 (Miss. Oct. 23, 2014), the Supreme Court of Mississippi had occasion to consider whether allegations against a paramedic company for negligent...more

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

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

Trial Court Dismisses Negligent Hiring, Retention Claims Against Motor Carrier

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier's...more

Utah Employment Law Letter - December 2013: SEXUAL HARASSMENT: Supersize victory: Shift leader isn’t supervisor under Title VII

Harassment is a word employers never want to hear. A long-standing question for many employers has been the extent of their potential liability for workplace harassment. An employer’s liability for harassment under Title VII...more

Caught Coming And Going!

Wanting to comply with the latest edict of the Equal Employment Opportunity Commission and give a recently released felon a break, Awft N. Cawssius ignored Pa Roll’s answer of “yes” to whether he had been convicted of a crime...more

Why did Michael Jackson’s family lose their wrongful death case? Because they never had a case!

The news came out late yesterday that the family of Michael Jackson lost their billion-dollar wrongful death case against the concert promoter that was managing Jackson’s upcoming world tour. Jackson’s family contended that...more

New Texas Law Protects Employers from Negligent Hiring and Supervision Claims

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

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

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

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

Protecting the Workforce from Violence

Tragic acts of violence have taken over our headlines and can destroy not only lives, but businesses. With the rise in reported gun violence, the numerous recent tragedies around the country and continued economic troubles...more

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

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...

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

Court holds that federal standards of care pre-empt state law standards

Originally published in International Law Office on November 27 2012. A New York state trial court recently added another voice to the chorus of cases finding that federal law pre-empts state law standards of care in the...more

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