PHR Human Resources

Category - PHR

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. Which common law tort theory applies in this case?
  1. Negligent hiring/negligent retention
  2. Employment-at-will
  3. Malpractice
  4. Negligent training
Explanation
Answer: A - In this case, the common law tort theory of negligent hiring/negligent retention applies.

Key Takeaway: Negligent hiring refers to the hiring of an employee whom the employer knew or should have known would 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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