Security Management

Negligent Hiring is defined as a result of workplace violence in the form of physical outburst and unlawful harassment by employees against other employees or third parties definition, and it will be imposed on an employer if it is aware that the employee is unfit, has the reason to believe the employee is unfit, or fails to use reasonable care to discover the employee’s unfitness for the position before hiring him or her, and the plaintiff sustains injuries as a result of the employer’s negligence [conditions] (Ford et. al, 2000).

The 3 situations generally supporting a negligent hiring includes, a plaintiff who alleges negligent hiring must first establish that the employer owned the plaintiff a duty to hire and retain only fit employees which means that a duty exist when there is some association or connection between plaintiff and employer, second, after determining that the duty is owed, the court then considers the nature of the employer’s responsibility based on the nature and frequency of contact with others, and therefore, responsibility is enhanced if the contact represents potential risk of harm to a third party, and lastly, the last factor that a court considers in determining if an employer has breached this duty is whether or not any evidence existed before and at the time of hiring [three situations] (Stanley, 2002).

The actions which the organization, specifically the Ajax Security Management Company, should take in curing the recruitment and selection process in order to protect it from a negligent hiring claim includes, performing background checks on all prospective employees and if a bad assessment is cited, the employment of the said applicant for the job is terminated or denied, but this will not guarantee the employer being held liable but it will only demonstrate the use of the employer of diligent searching of prospective harassers from the workplace, conducting comprehensive employment interviews, investigating all gaps in employment, conducting job-related pre-employment tests, conducting thorough reference checks, keeping written notes of information received when checking references, deciding whether a criminal investigation is warranted based on information received, and consulting with legal counsel when in doubt as to what course of action to take [actions or preventive measures] (Arthur, 2005).

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