The textbook discusses negligent hiring as a concept where a

The textbook discusses negligent hiring as a concept where at times an employer has a duty to protect people from the acts of their employees. The key to these cases is whether it was foreseeable that an employee would have harmed another person.

A great example is the case the employer is held liable and responsible for for an employee committing a sexual assault. Upon checking the employee\'s background before hire, the employee had a previous conviction for selling drugs, but no criminal background relating to sexual assaults.

Do you agree with the decision in this case that the employer should have foreseen this potential harm? Or do you think the court went too far due to the horrific nature of the assault, and wanting to hold someone responsible?

Solution

Answer:

Yes,I agree with the decision in this case that the employer should have foreseen the potential harm and this is the right decision.The employer is wholly responsible for the employees in the organization and he is responsible for every actions to be taken within the organization.So if a sexual assault is done by an employee,then the employer has to enquire and analyse about the problem with other employees about his previous behaviours with other employees.checking the background of an employee is very essential to know about the character of a person.Then the employer has to personally call the employee who has committed sexual assualt and warn him about his activities.If his actions repeat then the employer has to take severe action against him and fire him from the organization and proceed legally

So negligent hiring of an employee by the employer is the one of the reason.So before hiring ,the employer should do a background check about the individual by enquiring him about his previous experiences to managers of his previous job.So if the background check is done before hiring and if the employee has no criminal records then the employee can be hired with trust

If right individuals are hired with background check then the employer would not face such situation.It is theduty of an employer to handle all the problems and take care of all the employees.So if right decisions are made at the beginning then the employer can trust the employees and protect them in a easier way