Courts around the country are addressing whether employers may be liable for the negligent hiring, supervision and retention of employees who harm others

Article Abstract:

A new type of action being pursued in tort litigation is against employers for negligent hiring, retention and supervision when an employee harms a third party. These actions show that an employer must thoroughly investigate a new employee's background in spite of the EEOC position that such an action is discriminatory and Americans with Disabilities Act limitations of such investigation. Such investigation might also conflict with privacy laws. Foreseeability, having conducted a reasonable investigation of a new employee's background, and public policy arguments for hiring ex-felons are defenses an employer might use.

Cases, Negligence, Foreseeability (Law)

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ADA places employers of mentally ill in a bind; companies risk violating the disabilities act if they dismiss a worker who may be dangerous

Article Abstract:

The Americans with Disabilities Act (ADA) passed in 1991 increases potential employer liability by increasing the risk of a lawsuit for discharging a mentally unfit or unstable employee who may pose a threat to customers or other workers. Under the ADA, an individual must pose a direct and substantial threat to be dismissed on grounds that arise from mental illness. However, the employer can be sued under negligence theory for not dismissing an employee who poses a lesser threat than required to meet the ADA's test.

Mentally ill persons, Employment, Mentally ill, Discrimination against disabled persons, Handicapped discrimination

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When employees are vulnerable, employers are, too; bosses can be liable for workplace violence when they fail to prevent a known threat

Article Abstract:

The intentional-tort exception to workers' compensation claims, a new remedy to the for injuries arising out of a person's employment, is discussed. Fundamentals of a violence prevention program, an effective defense for an employer faced with a workplace violence suit, are also discussed.

United States, Intentional torts

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