News & Analysis as of

Negligent Hiring Hiring & Firing

Claims of Negligent Hiring, Supervision or Retention Draw Hospitals into Abuse Cases

by Wilson Elser on

Hospitals are commonly named as defendants in medical malpractice lawsuits for claims arising from alleged injuries within their walls, but what is their exposure to liability for claims that arise from alleged sexual...more

Court Nullifies CFO’s Employment Because of Prior Extortion Conviction

by Zuckerman Spaeder LLP on

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!

by Foley & Lardner LLP on

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

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

by Snell & Wilmer on

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

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?

by Hinshaw & Culbertson LLP on

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

by McAfee & Taft on

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

Background Checks - Helping Employers Navigate the Battle Between Negligent Hiring and Discriminatory Hiring Practices

With quick and easy electronic access to personal information at an employer’s fingertips, employers must learn how to properly utilize such information in the hiring process. The failure to perform adequate background checks...more

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

by Proskauer Rose LLP on

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

by LeClairRyan on

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

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

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

by Proskauer Rose LLP on

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

by Fenwick & West LLP on

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

by Fisher Phillips on

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

by Nexsen Pruet, PLLC on

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

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