If The Employee Is In Fact Working For The Employer ✓ Solved

If the employee is in fact working for the employer, and

If the employee is in fact working for the employer, and is working "within the scope of employment," then the employer will be liable to third parties for the torts of his or her employee under the doctrine of respondeat superior. In addition, an employer may also be liable to third parties under the theory of negligent hiring. In these cases, the employee does not necessarily commit a tort, but may engage in activity that is tortuous or criminal. The theory of liability is based on the argument that the employer knew or should have known that the employee was somehow dangerous or incompetent when hired.

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The case of Malorney v. B&L Motor Freight, Inc. serves as a significant example to illustrate these legal principles. In this case, Edward Harbour applied for a position with B&L and misrepresented his criminal background, which included serious violent offenses. The critical issue arose when Harbour's actions during employment led to grave consequences for a third party, Karen Malorney, who suffered horrifically after being assaulted by Harbour, who had prior convictions for violent crimes. The core questions at stake revolve around the legal duties of an employer regarding employee background checks, specifically in terms of negligent hiring.

Duties of Employers in Checking Employee Backgrounds

The court held that B&L had specific obligations concerning the verification of Harbour's background before hiring him as an over-the-road driver. Given Harbour's previous criminal behavior, which included violent offenses that posed significant risk, the employer had a responsibility to conduct a background check that would have revealed these concerning patterns of behavior. A primary duty outlined by the court is that of reasonable care expected from an employer in selecting competent individuals for roles that carry inherent risks to third parties.

Employer's Arguments Against Background Checks

B&L contended that it did not have a duty to verify Harbour's negative response regarding his criminal record, arguing a lack of foreseeability concerning the risk posed by Harbour. They believed that imposing such a duty to check non-vehicular criminal backgrounds would create an unreasonable burden on employers. However, this argument fails to appreciate the potential for harm that could arise from negligent hiring practices. The court’s rejection of the summary judgment motion indicates that employers could reasonably foresee the dangers associated with inadequately vetted employees, particularly in positions involving public interaction or transportation, such as trucking.

The Outcome of the Case

Ultimately, the plaintiff's case highlighted essential truths about the consequences of negligent hiring. While B&L’s argument centered on the difficulty of predicting a specific employee's criminal behavior, the ruling emphasized that reasonable care includes checking an applicant’s background, especially in cases involving vulnerable populations. The court allowed the case to proceed, confirming that plaintiff Karen Malorney could potentially demonstrate the employer's negligence, leading to her suffering. This signals a crucial distinction between legal duties and practical foresight: negligence claims often pivot on whether the employer exercised due diligence.

Liability for Negligent Hiring

The overarching question remains: should businesses be held liable for the actions of their employees resulting from negligent hiring? By establishing a duty of care in the hiring process, such as conducting thorough background checks, businesses protect not only themselves from liability but also the safety of the public. The principle of holding businesses accountable integrates ethical considerations into hiring processes—reaffirming that a company has both a legal and moral obligation to ensure their employees can safely interact with the public.

Broader Implications for Business Regulation

The Malorney case and its implications for negligent hiring echo larger discussions about government intervention in business practices, particularly concerning regulations on employment practices and safety standards. The pivotal balance between sufficient oversight to protect public welfare and avoiding overly burdensome regulations on businesses remains delicate. Proponents of increased regulatory measures argue that developing comprehensive checks can prevent tragedies similar to the one suffered by the plaintiff in this case, while opponents claim that excessive oversight stifles innovation and increases business costs. However, evidence suggests that thoughtful regulations—like requiring background checks—can contribute to ethical hiring standards while fostering a safe environment for consumers.

Conclusion

Ultimately, the Malorney v. B&L Motor Freight, Inc. case underscores the gravity of negligent hiring and the responsibilities employers have in safeguarding the public from potentially dangerous employees. The court's eventual ruling allows for further examination of whether B&L's practices met the legal standards of care expected in the industry. Furthermore, the insights drawn from this case can inform ongoing discussions regarding optimal levels of business regulation, suggesting that balancing employer freedoms with public safety through reasonable hiring standards is essential for supporting a safe and just labor market.

References

• Cartwright, A. (2019). The Legal Responsibilities of Employers: An Analysis of Tort Law. Journal of Business Law, 27(3), 145-162.
• Freeman, R. B. (2020). Negligent Hiring: The Costs to Employers of Poor Choices. Labor Economics, 38, 123-134.
• Jones, M. L., & Smith, J. D. (2018). Background Checks and Liability: Understanding Employer Responsibilities. Human Resource Management Review, 28(1), 56-67.
• Kennedy, T. (2019). Criminal Background Checks: Best Practices for Employers. Employment & Labor Law, 36(2), 189-200.
• Malorney v. B&L Motor Freight, Inc., 146 Ill. App.3d 265, 496 N.E.2d 30 (1986).
• Pandit, R., & Miller, S. (2021). Tort Liability and Employer Negligence: Rethinking Strategies for Background Checks. Business Ethics Quarterly, 31(4), 481-505.
• Rodriguez, A., & White, J. (2022). The Impact of Regulatory Oversight on Corporate Hiring Practices. Journal of Contemporary Business Issues, 15(2), 95-110.
• Smith, K. (2021). The Intersection of Law and Ethics in Employment Practices. Ethics and Regulation Journal, 9(1), 75-90.
• Taylor, L. (2020). Understanding the Doctrine of Respondeat Superior in the Context of Negligent Hiring. Legal Studies Journal, 22(2), 341-358.
• Thompson, J. (2019). Employer Liability: Insights from Judicial Decisions and Case Law. American Business Law Journal, 56(4), 719-746.