Don’t Let Sexual Predators Prey on Your Employees
William A. Pinto, Jr.
Anyone who has watched the news in the last few years is aware of the national concern over sexual predators. The hospitality and service industry should be especially vigilant because it employs a large percentage of teenagers who are vulnerable to sexual predators who might take advantage of late-night hours to prey on them. However, there are several steps that employers can take to avoid problems with sexual predators.
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Be Proactive to Minimize Potential Liability In Negligent Hiring and Retention Lawsuits
Nathan J. Allen
A review of recent case filings indicates that restaurants and hotels increasingly are being sued under the negligent hiring and retention doctrines. In these lawsuits, plaintiffs are seeking to hold companies directly liable for employees who commit torts against their coworkers or third parties. For example, a Pennsylvania jury recently awarded over $365,000 to a customer injured by a bouncer who was hired despite having very little experience and a history of unruly behavior. Similarly, an Alabama jury recently awarded a plaintiff $29 million based on theories of vicarious liability and negligent retention after one of the defendant’s delivery drivers caused a fatal automobile accident while high on methamphetamines. In that case, the plaintiff successfully argued at trial that the defendant had negligently retained the driver when it did not drug test him and continued to employ him despite receiving complaints alleging erratic behavior.
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