The Security Organization
Phase II Discussion Board
By: Kristal Smith
Professor: Blair Ettinger
August 24, 2010
Good Afternoon ladies and Gentlemen my name is Kristal Smith I am the president of Ajax Security Management Company. Claims of negligent hiring are a serious legal issue that could possibly arise at our company. I would like to discuss what negligent hiring is and what actions can be taken to prevent our recruitment and selection process from a negligent hiring claim as well as some examples of a negligent hiring claim.
Negligent hiring is a claim made be an injured person against an employer. This claim would be based upon the employer having the knowledge that the ...view middle of the document...
Every single person is not going to tell you the whole truth about their background especially if they are trying to hide something. If you were to just believe everything that is on their application without completing any investigations, the employer would be held responsible. Negligent hiring claims can reflect badly on our company and reputation which would deter future employees from wanting to work for our company.
Five conditions must be present for an employer to be held liable for negligent hiring 1) The employee, acting under the auspices of employment must have caused some type of injury 2) The employee must be shown to be unfit 3) The employer should have known about the unfitness 4) The injury must be shown to be a foreseeable consequence of hiring the unfit employee 5) The hiring of the unfit employee must be shown to be the proximate cause of the injury. (Ryan and Lasek 1991) A bus company hired an employee to drive the city bus. The company did not do a complete background check to see what his driving record looked like. After almost a full year of employment the bus driver wrecks and ends up killing 5 people and injuring 3. The bus driver had many infractions on his driving record for careless driving, speeding, and one count of DUI. The bus company would be responsible for negligent hiring because they could have seen what kind of record this man had before putting him behind the wheel of a bus.
Performing a drug test before and during the duration of the employee’s employment and the knowledge of their background of what drugs the person may have tried...