News & Analysis as of

Employer Liability Issues Negligent Hiring

Winthrop & Weinstine, P.A.

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

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

Conn Maciel Carey LLP

[Webinar] Tips and Strategies for Preventing and Responding to Workplace Violence Incidents - April 24th, 1:00 pm EST

Conn Maciel Carey LLP on

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more

Jackson Lewis P.C.

Developments in Employee Screening for Real Estate Industry

Jackson Lewis P.C. on

The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...more

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

Cozen O'Connor

How to Conduct Criminal Background Checks the Right Way

Cozen O'Connor on

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

Carlton Fields

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

Carlton Fields on

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

Butler Snow LLP

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

Butler Snow LLP on

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

Nossaman LLP

A Further Extension Of Coverage For Intentional Acts

Nossaman LLP on

Following the June 4, 2018 landmark decision by the California Supreme Court in Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, 5 Cal. 5th 216 (2018), the insurance industry is not taking the...more

Farella Braun + Martel LLP

Negligent Hiring and Supervision Can Be an 'Accident'

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

Payne & Fears

California Supreme Court Rights the "Occurrence" Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under...

Payne & Fears on

In a ruling that bodes well for policyholders, the California Supreme Court provides much-needed clarity on the question of when a so-called "intentional act" may give rise to insurance coverage under a liability insurance...more

Pillsbury - Policyholder Pulse blog

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

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

Sheppard Mullin Richter & Hampton LLP

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

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

Fisher Phillips

New York Court Says Retailer Not Responsible For Unforeseeable Violence Against Patron

Fisher Phillips on

A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more

Foley & Lardner LLP

Fired For My Firearm? I’ll Sue!

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

Proskauer - Corporate Defense and Disputes

Eleventh Circuit Clarifies Broker-Dealer’s Liability For Employee’s Fraud

Will a broker-dealer be liable when a financial advisor employed by the firm solicits investments as part of a fraudulent scheme, where the firm specifically prohibited the advisor from soliciting the investment, the...more

Snell & Wilmer

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

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

Mintz - Employment, Labor & Benefits...

Employer Not Responsible for Employee Defaming Customer on Facebook

In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee’s Facebook comments about one of its customers. While employers should welcome the...more

McAfee & Taft

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

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

Cranfill Sumner LLP

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

Cranfill Sumner LLP on

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

Fisher Phillips

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

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

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