SPHR Human Resources

Category - Relations

Unknowingly, Serenity Now, Inc. recently hired an employee who has a past criminal record for violent actions. Since the hire, the employee assaulted a fellow colleague after they had a minor disagreement. Is Serenity Now, Inc. liable?
  1. Yes
  2. No
Explanation
Answer - A - Yes, Serenity Now, Inc. is liable in these circumstances.

Key Takeaway: In such a case as this, Serenity Now, Inc. is liable because they should have adequately researched the background of the employee. Failing to do so is considered to be negligent hiring. Negligent hiring refers to the hiring of an employee who the employer knew or should have known to pose an unreasonable threat to other employees at the work place. Negligent retention happens when an employee is retained despite having committed misconduct both during and after office hours.
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