This presentation discusses legal aspects of negligent hiring and retention. It defines key legal terms like negligence, negligent hiring, vicarious liability, and at-will employment. It explains that employers have a duty to use reasonable care in the hiring process to avoid hiring individuals who could harm others. The presentation provides tips for proper documentation of reference checks, background checks, and other screening processes to prevent liability in negligent hiring lawsuits. It summarizes two example negligent hiring lawsuits, one involving a security guard who set a fire and another where a guard allowed theft to occur. Both examples highlight how lack of documentation and screening led to employer liability.
Ben & Jerry's Homemade Ice Cream, Inc: A Period of Transition Case StudyThomas O'Brien
Case study performed on Harvard Business School's: Ben & Jerry's Homemade Ice Cream, Inc: A Period of Transition Case.
Course Requirement: BUS4402 Strategical Analysis & Decision Making
A Case Study on Research In Motion (now BlackBerry).
The case study is published by Amity Business School. Any kind of copyright infringement or plagiarism is strictly prohibited. Please respect the author and the extensive research that has been involved.
The analysis is purely for academic purposes only.
Ben & Jerry's Homemade Ice Cream, Inc: A Period of Transition Case StudyThomas O'Brien
Case study performed on Harvard Business School's: Ben & Jerry's Homemade Ice Cream, Inc: A Period of Transition Case.
Course Requirement: BUS4402 Strategical Analysis & Decision Making
A Case Study on Research In Motion (now BlackBerry).
The case study is published by Amity Business School. Any kind of copyright infringement or plagiarism is strictly prohibited. Please respect the author and the extensive research that has been involved.
The analysis is purely for academic purposes only.
In August 2000, P&G introduced one of its kind product Crest Whitestrips, readily available online and through dentist offices
P&G claims that the new products are 10 times more effective than the Colgate Tartar Control Whitening Within two years P&G captured more than 80% of the share market. Colgate made a come back in August 2002 with Simply White. Colgate’s USP was that it focused on convenience and lower price. One month after introduction Simply White captures half the market with Crest Whitestrips losing 50% of its market share.
Zenith (HDTV) Case Study by Dhiraj AgarwalDhiraj Agarwal
This presentation aims at informing its viewers what Zenith Electronics was all about. What are the its environmental factors that affected its sustainability in the market, ie, its 4Ps, 4Cs, SWOT and so on.
The study also reveals the Pros and Cons of all the alternatives discussed by the executives of the company to overcome their problem.
Finally a recommendation, its plan of action, and a contingency plan is also added in this Powerpoint.
NOTE: This powerpoint was presented in the form of a role play cum presentation, wherein the members of the group enacted a Board meeting scene of the company back in late 1980s, discussing the future of the company.
eHarmony Strategic Marketing Case StudyZoe Robinson
For my capstone marketing class at Western Washington we were given a case on eHarmony (from Harvard Business School) and had to decide which strategy they should use for the future.
As a number of applicants do false claims on resume to cover up the criminal activity or other red flags, background check is a must to hire the quality employees having clean backgrounds. Employers don't want to take risk by doing a bad or negligent hire as the workplace violence and thefts are increasing significantly these days. The background check also curbs the fake and criminal applicants to even apply for the job vacancy. Here are the slides that will let you know some more important facts why employers keen to do background checks.
In August 2000, P&G introduced one of its kind product Crest Whitestrips, readily available online and through dentist offices
P&G claims that the new products are 10 times more effective than the Colgate Tartar Control Whitening Within two years P&G captured more than 80% of the share market. Colgate made a come back in August 2002 with Simply White. Colgate’s USP was that it focused on convenience and lower price. One month after introduction Simply White captures half the market with Crest Whitestrips losing 50% of its market share.
Zenith (HDTV) Case Study by Dhiraj AgarwalDhiraj Agarwal
This presentation aims at informing its viewers what Zenith Electronics was all about. What are the its environmental factors that affected its sustainability in the market, ie, its 4Ps, 4Cs, SWOT and so on.
The study also reveals the Pros and Cons of all the alternatives discussed by the executives of the company to overcome their problem.
Finally a recommendation, its plan of action, and a contingency plan is also added in this Powerpoint.
NOTE: This powerpoint was presented in the form of a role play cum presentation, wherein the members of the group enacted a Board meeting scene of the company back in late 1980s, discussing the future of the company.
eHarmony Strategic Marketing Case StudyZoe Robinson
For my capstone marketing class at Western Washington we were given a case on eHarmony (from Harvard Business School) and had to decide which strategy they should use for the future.
As a number of applicants do false claims on resume to cover up the criminal activity or other red flags, background check is a must to hire the quality employees having clean backgrounds. Employers don't want to take risk by doing a bad or negligent hire as the workplace violence and thefts are increasing significantly these days. The background check also curbs the fake and criminal applicants to even apply for the job vacancy. Here are the slides that will let you know some more important facts why employers keen to do background checks.
Chapter 12 Duties as a WhistleblowerWhistleblowerA whis.docxcravennichole326
Chapter 12: Duties as a Whistleblower
Whistleblower
A whistleblower is an employee or former employee who reports misconduct to people or entities that have the power and presumed willingness to take corrective action.
Whistleblowers can be internal or external.
Whistleblower Motivations
Whistleblower motivations include:
Revenge
Reputation Preservation
Altruism
Collecting financial rewards
Fasle Claims Act
Whistleblower (cont)
Whistleblower-
One of the most well known whistleblowers is Jeffrey Wigand, who exposed the Big Tobacco scandal, revealing that executives of the companies knew that cigarettes were addictive while approving the addition of known carcinogenic ingredients to the cigarettes.
http://www.imdb.com/title/tt0140352/trailers-screenplay-E11632-10-2
Think Russell Crowe in the movie The Insider.
More recent whistleblowers include…..
Whistleblower (cont)
Cynthia Cooper (Worldcom), Coleen Rowley (FBI), and Sherron Watkins (Enron)
“their lives may not have been at stake, but Watkins, Rowley and Cooper put pretty much everything else on the line. Their jobs, their health, their privacy, their sanity--they risked all of them to bring us badly needed word of trouble inside crucial institutions”
Whistleblower Programs
FeatureIRSDodd-Frank ActFocusTax violationsFederal securities laws violations, including bribery, fraudulent accounting, and insider tradingSubmitted information Secret information or publicly available information Only “original”, nonpublic information Minimum threshold for recoveryOver $2 million Over $1 million Typical range of award15% to 30% of IRS Recovery15% to 30% of SEC RecoveryAnonymity protected? Yes, usuallyYesProtection against workplace retaliation?No Yes
Whistleblower Laws
Section 806 of SOX
Only applies to publicly traded companies
File a complaint with the Department of Labor (DOL)
If DOL hasn’t ruled on it within 180 days, it goes to federal court or a civil suit may be filed
Remedies of employee include relief “to make the employee whole”, compensatory damages (same job back, back pay, special damages as result of action)
Whistleblower Laws (cont)
Do Whistleblower laws (specifically SOX section 806 provisions) work?
whistle-blowers still face a painful cost-benefit decision: whether a lawsuit with uncertain chances of success is worth the professional and personal sacrifices that will assuredly be required
Many employees have to change industries after filing suit, whether the case has merit or not
A study that looked at 470 cases filed between 2002-2005, the whistleblower won only 3.6% of the time.
Whistleblower Laws (cont)
What can/should employers do?
Have an independently-operated whistleblower complaint system. If the system is operated by personnel skilled in the underlying accounting, auditing, and internal control issues, proper information will be immediately collected, so that investigations are cost-effective and complete.
Must be overseen by audit com ...
Lesson Four Employer Negligence - Part I In the first thr.docxsmile790243
Lesson Four: Employer Negligence - Part I
In the first three lessons of this course we exhaustively reviewed the dynamics of discrimination laws in
the United States, their proscriptions and their exceptions. Provided that a job applicant makes it
beyond these hurdles, and the employer in question is preparing to offer him or her a job, there are
several things that HR professionals should know in order to avoid liability in hiring.
Employer Negligence
Most liability that an employer might bear in the employment context is in the form of negligence,
either directly or vicariously. There are other potential grounds for liability in the employment
environment, including contract-related matters. However, as the vast majority of employees are not
hired subject to a contract, the following discussion will focus mainly on concerns related to
employment in the “at will” context.
1
In order to participate in an informed discussion about employment negligence, one must first
understand the definition of negligence. Negligence in the legal arena concerns unintentional harm that
results from a failure to use the care that would be expected of a reasonable person under the same
circumstances (Negligence, n.d.). Negligence is usually a civil tort (wrong), but may rise to the level of
criminal culpability if the conduct of the tortfeasor is sufficiently reckless or severe. Generally,
negligence has four key elements:
Duty: In order for someone to be guilty of negligence, he or she must have first had a duty of
care. An example will serve to illustrate. Suppose a passerby, Steve, comes across a person in
peril, Bob. Let us say that Bob is suffering a heart attack and is in need of immediate medical
attention. Now, as heartless as it might be for Steve to decline to help Bob (even by simply
calling 911), generally no such duty exists for Steve, and thus there can be no negligence.
2
In the
employment context, employers almost always have a duty to maintain a safe and secure
environment for their employees and customers.
Breach: In addition to the existence of a duty, the accused must have also breached his or her
duty. Let us change the facts of the above example and suppose that Steve is a server in a
restaurant and Bob is his customer. Under these circumstances, Steve probably does have a duty
to help Bob, but if he fulfills that duty, say, by calling 911, then there obviously can be no
negligence. This element of breach is the focus of many, if not most, negligence disputes.
Damage(s): In order for someone to be found guilty of negligence, the breach of whatever duty
is in question must have resulted in damage of some kind. If Steve fails to help Bob, but Bob
recovers from his heart attack on his own with no harm of any kind, he cannot successfully sue
Steve for negligence. Harm must have been suffered. Note that damage need not be physical in
nature, though. Bodily injury is of c ...
Suppose your employee complains about discrimination on the job, a complaint you feel is unwarranted. Dealing with that sort of complaint can be troubling and time-consuming. But be aware that any form of retaliation real or perceived against that employee while you investigate the complaint is illegal. Make sure you've fully informed your managers and supervisors understand just how important this is. Here's what you need to know.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
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As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Accpac to QuickBooks Conversion Navigating the Transition with Online Account...PaulBryant58
This article provides a comprehensive guide on how to
effectively manage the convert Accpac to QuickBooks , with a particular focus on utilizing online accounting services to streamline the process.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
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As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Legal Aspects of Avoiding and Defending Negligent Hiring- Richard Garrity
1. Legal Aspects of Avoiding andLegal Aspects of Avoiding and
Defending Negligent HiringDefending Negligent Hiring
Presentation-Presentation- By, Richard GarrityBy, Richard Garrity
2. Legal Definitions/ Prior Case
Law illustrated
This presentation is proprietary
information and can’t be copied or
reproduced in any fashion without
consent from the publisher owner.
3. Your building and your valued employees areYour building and your valued employees are
the lifeline to a successful business entity.the lifeline to a successful business entity.
So would you really hire just anybody?So would you really hire just anybody?
4. Negligent Hiring- Negligent RetentionNegligent Hiring- Negligent Retention
“Weeding out the bad seeds”“Weeding out the bad seeds”
5. Additional Tips and Guidance onAdditional Tips and Guidance on
dealing with problematic employeesdealing with problematic employees
6. If you can foresee it, you
can prevent it!
~Some of the perils we face in the business world~
8. Legal Definitions:
Vicarious Liability- is an employer's legal
responsibility for discrimination,
harassment, and other forms of
unacceptable actions which occurs in the
workplace or in connection with a person's
employment. The employer is legally
responsible unless it can be shown that
'reasonable steps' have been made to
reduce this liability.
9. Legal Definitions:
Intentional Tort- An act done with
purpose, with knowledge, with a reckless
disregard of result or with the gross
disregard of the safety of others…Refers
to deliberate acts which cause injury.
Respondeat- The person against whom
an appeal is taken.
10. Legal Definitions:
At-will Employment- is a doctrine of American law that
defines an employment relationship in which either party
can break the relationship with no liability, provided there
was no express contract for a definite term governing the
employment relationship. Any hiring is presumed to be "at
will"; that is, the employer is free to discharge individuals
"for good cause, or bad cause, or no cause at all," and the
employee is equally free to quit, strike, or otherwise cease
work. However, the standard 2 week notice is always a
prudent choice when leaving a job.
11. Legal Definitions (2):
At-will Employment- Several exceptions to the doctrine
exist, especially if unlawful discrimination is involved
regarding the termination of an employee. "At-will
employment" also does not by itself make terminated
employees ineligible for unemployment claims and
compensation if they are terminated without cause. Union
employees can be discharged as At-Will personnel as well.
However, abiding by current or standard disciplinary
guidelines set forth by union-client doctrine should always
be adhered to absent very serious employee misconduct.
12. Negligence:
Negligence: is either the failure to
do something that an ordinarily
prudent person would do under
given circumstances or the doing
of something that an ordinarily
prudent person would not do under
those circumstances.
13. Legal Definitions:
Negligent Hiring: The failure to use
reasonable care in the employee selection
process, resulting in harm caused to
others. Employers have a legal duty not to
hire people who could pose a threat of
harm to others, which can include
everything from slight to fatal bodily injury,
theft, arson, or property damage.
14. Legal Definitions:
The core definition of
“reasonable care”
depends on the degree of the risk
of harm to other employees and
people. The greater the risk, the
higher the standard of care
required.
16. Negligent Hiring:
Duty Defined:
An employer has duty to use
“reasonable care” to select
employees and contractors:
who are safe and competent
Have proven previous experience
17. Negligent Hiring:
who do not have "violent
propensities",
e.g., prior criminal record
whose background investigation
checks out and or, is acceptable.
18. Negligent Hiring:
As a result of negligent hiring, a company
can be sued if an employee injures or harms
another employee, especially if the
company could have foreseen a problem
but did not do a thorough check of the new
employee before hiring. According to a 2005
report by Public Personnel Management,
employers have lost more than 79 percent
of negligent hiring cases.
19. Negligent Hiring:
In a 2008 report released by the U.S. Bureau of
Labor Statistics, 13 percent of the 5,840 workplace
fatalities that happened in 2006 were the result of
assaults and violent acts. And a recent article
released by Human Resources Management noted
the average settlement of a negligent hiring
lawsuit is nearly $1 million. In the event that
employment background checks were not
conducted, the employers in those cases could be
held liable for the incidents.
20. Negligent Hiring:
While many negligent hiring claims
involve drastic but isolated incidents of
employee violent conduct, the risk of being
a defendant against such claims and the
damaging consequences surrounding them
far outweigh the time and cost of taking the
steps to prevent them. As a general rule, a
company's first line of defense is to
eliminate high-risk applicants before
making hiring decisions.
21.
22. Employment Reference Checks:
Have It In Writing:
By Mail
By Telephone.
Document It! Document It!
Document It!
“If it isn’t in writing, it didn’t
happen!”
24. Criminal Background Checks:
Submit an official state CORI Form
All applications for CORI certification
must be submitted through
the Department of Criminal Justice
Information Services Online Certification
Application (OCA) (effective September
2nd 2008)
Maintain The Documents!
25. Random MA. CORI Info:
Any individual may request a copy of
his/her own CORI criminal report. It is
unlawful to request or require a person to
provide a copy of his or her own CORI
except as authorized by the CHSB, pursuant
to M.G.L. c. 6, § 172
However, all requests for CORI documentation
should come from the employer, and not
submitted by the applicant
26. Negligent Hiring:
Independent Contractors
Find Out If They Screen Their Employees
Maintain Documentation On Their
Screening Procedures
Maintain Documentation on their
Training programs
Maintain Documentation on their Safety
Awareness
27. Negligent Hiring Lawsuit #1
FACTS: Security Guard Sets Fire To
Client’s Premises. (Hero Syndrome)
$2.3 Million in Property Loss. No
Injuries.
Security Guard Pleads Guilty to
Arson.
No Warnings. 2nd Day On The Job!!
28. Civil Lawsuit:
Allegations against company:
Intentional Tort – Respondeat
Superior (Vicarious Liability)
Requires Employee Acting Within Course
& Scope of Employment.
Negligent Hiring
Negligent Retention
40. Negligent Hiring Lawsuit #2
MUSEUM THEFT
Security Guard at Automotive Museum Allows
“Friends” Inside During Night Shift.
$180,000 Of Audio Equipment Discovered
Stolen from cars, as well as a miniature car.
Security Officer Just Started.
Contract Between Museum and Guard
Company
Requires Warrant Check, On All Guards.
41. Negligent Hiring Lawsuit #2
MUSEUM THEFT
• LAPD “Question” Security Officer. (He denies)
• Says “Friends” were his cousins. . doesn’t know
where they live or how to get a hold of them.
• Security Guard Fails Polygraph.
• Security Guard Disappears.
• Museum wants its money.
• No Warning about Guard. 2nd Day at Job.
48. Criminal Background Check:
Outside Company utilized (Good)
“No Records” = (so they were told)
Wrong Spelling
Terrol vs. Terrell
No Documentation (Bad)
“We Wouldn’t Let Him Work If We Didn’t Do One!”
49. Criminal Background Check:
Los Angeles Police Department
LAPD Records:
Prior Conviction for Grand Theft.
On Probation.
The correct spelling of
name-“Terrell” not “Terrol”
50. Company’s Remedy:
Sue The Background Check
Company for Indemnity?
Problem: NO RECORD OF
BACKGROUND CHECK REQUEST.
NO DOCUMENTATION.
52. Employer Negligence:
A furniture company was found
liable for $2.5 million for negligent
hiring and retention of a deliveryman
who savagely attacked a woman
customer in her home. (Tallahassee
Furniture Co., Inc. v. Harrison)
53. Employer Negligence:
A nursing home was found liable for
$235,000 for the negligent hiring of
an unlicensed nurse with numerous
prior criminal convictions who
assaulted an 80-year-old visitor.
(Deerings West Nursing Center v. Scott)
54. Employer Negligence:
A vacuum cleaner manufacturer was
found liable for $45,000 because one of
its distributors hired a door-to-door
salesperson with a criminal record who
raped a female customer in her home.
The manufacturer should have required
its distributors to conduct pre-hiring
screening of door-to-door salespersons to
prevent hiring of persons with criminal
histories. (McLean v. Kirby Co.)
56. Remember. . .
“If it isn’t in writing,
it didn’t happen.”
Document It! Document It!
Document It!
57. Was this truly the right thing
to do? Was it professional?
58. The Taylor Grey Meyer story…
Taylor Meyer, a woman who was rejected
by the San Diego Padres baseball team
over 30 times, snapped back at them
when she received an email from them
inviting her to pay 495 dollars to attend a
“Combine”, or glorified hiring fair, where
they told her she would meet employers
and have a chance at one of 50 jobs they
were looking to fill.
59. The Taylor Grey Meyer story…
The 31-year-old Southern California resident
with a master’s degree in sports management
had been trying to get a job since December
when she got a letter from the prospective
employer on the job fair.
She sent off her email--which also reflected on
how often she'd been told she wasn't a good fit
for jobs of all kinds with the Padres, even selling
tickets, contrasted with her years of
professional and academic experience--thinking
that would be the end of it.
60. The Taylor Grey Meyer story…
After careful review I must decline. I
realize I may be burning a bridge here,
but in the spirit of reciprocity, I would like
to extend you a counter-offer to suck my
(explicative). Clearly, I don't have one of
these, so my offer makes about as much
sense as yours. But for the price you're
charging to attend the event, I'm sure I
would have no problem borrowing one.
61. The Taylor Grey Meyer story…
Except the email went viral. And it's been
largely to Meyer's benefit. Not only has
she received national media attention
and congratulatory emails from all over
the world for being “the voice of the
unemployed educated middle class,”
she’s been offered a slew of job
opportunities and even a few marriage
proposals.
62. So was Talor Meyer right or
wrong in this situation?
65. Illegal Interview Questions:
Various federal, state, and local laws
regulate the questions a prospective
employer can ask you. An employer’s
questions- on the job application, in the
interview, or during the testing process-
must be related to the job for which you
are applying. For the employer, the focus
must be: “What do I need to know to
decide whether or not this person can
perform the functions of this job?”
66. Illegal Interview Questions:
Disabilities and Physical Skills
Employers are not allowed to ask you about
any disabilities or test your physical skill
level, other than in a very specific context.
If your disability logically interferes with a
capacity to perform the job, then they may
legally inquire. If job performance would
not be hindered, then it’s unfair and illegal
topic of discussion.
67. Illegal Interview Questions:
Personal History
You are protected from revealing certain
private, personal facts about your life.
Questions about age, gender, financial
status, and criminal history are generally
prohibited- with certain exceptions. This
especially in respect to public safety and
child supervision positions applied for.
68. Illegal Interview Questions:
Personal History
Managers, Supervisors, and HR
personnel should be aware of these
guidelines. Your birth date, proving
that you are 18 years of age or older,
maybe requested if they decide to hire
you for a position.
69. Illegal Interview Questions:
Race, Creed, or Color
In general, you should never ask or confront an
applicant with questions about his/her ethnic or
spiritual heritage during the interview phase. In
the past, this was demonstrated to be the
predominant source of prejudicial hiring practices.
Gender based discrimination now seems to be
more pervasive. But institutional racism really
does still exist in some places. Offhand queries
may conceal a hidden agenda to keep certain
candidates out of the organization. This should
never be practiced, in any shape or form.
70. Illegal Interview Questions:
Family & Relationship Issues
Most interviewers will shy away from direct
questions about an applicant’s sexual orientation,
marital or parental status, which they should. As
managers and leaders, any type of inquiry
concerning the status of an applicant’s personal
relationship issues is prohibited. That info is
confidential and proprietary on behalf of the
candidate, unless they themselves should
volunteer any information of that nature during
the interview process. Which of course, would still
remain confidential.
71. Illegal Interview Questions:
Prohibited Questions- Examples
How old are you?
When was the last time you thrown in jail?
Are you really a woman?
Do you rent or own your home?
Have you ever declared bankruptcy?
How many times have you been married?
We were just wondering: Are you Gay?
Do you have dependable child care in place?
75. Negligent Retention:
Maria D. VS. Westec Corp.
Facts: On September 4th
, 1997, Swedish
citizen Maria D. alleged that she was pulled
over on the PCH by a Westec security patrol
officer pretending to be a CHP police officer.
He conducted Field Sobriety Tests.
Arrested (detained) her.
Raped her at undisclosed location.
76. Negligent Retention:
Maria D. VS. Westec Corp.
1. Female- Maria D. called Westec
regarding improper social contact and the
alleged rape allegation.
(Investigation: disciplined for improper
social contact. 3 mos. probation.)
2. Attendance: absent from work.
(Home sick, no phone. No discipline.)
77. Discipline Record:
3. Found asleep in the patrol vehicle.
Remedy: 2 day suspension.
4. Found asleep in the patrol vehicle.
Remedy :
three day suspension – “final warning.”
5. Attendance: Employee no show at firing
range for required basic qualifications.
1 day suspension.
78. Discipline Record
6. Unauthorized pull-over and flashing
lights at motorist in January 1997.
1 day suspension, reassigned to
smaller area for policy violations.
7. Attendance: Late for roll call.
Verbal counseling.
8. Attendance: no call / no show
2 day suspension, probation
79. Negligent Retention:
The Judicial Verdict
Jury/ Appeals Ct. Found No Negligence!
Did not happen in a “vacuum”. (Over 15
month employment period.)
The alleged rape was not within the scope
of the security guard's employment.
Human factors and due consideration.
Company acted reasonably.
80. Negligent Retention:
Heiner V. K-Mart Corp- March 11, 1995
Customer attacked by store security officer
with a “gang member” appearance
Security official did not identify himself
The attack left the customer, George
Heiner, unable to resume his dentistry career
The incident stemmed from initial
questioning of customer by the S/O
81. Negligent Retention:
Initial hiring findings and evidence of:
No Loss Control Mgr. to supervise
employee or his appearance
Negligent hiring and training
Negligent retention and supervision
Vicarious liability for battery as well were
shown as factors that led to assault
Employee’s (Renehan) training
“fell through the cracks”
82. Initial hiring findings and evidence of:
Customer Service Supv. told K-Mart Mgt.
that Renehan was a "time bomb ready to go
off," and "a lawsuit ready to happen."
Evidence showed that Kmart never
disciplined Renehan for any of his aggressive
confrontations with customers.
Indeed, one month after Renehan attacked
George Heiner, Kmart promoted him to loss
control manager.
84. Negligent Retention:
The Remedy
On January 23rd
, 1998, the chain
discount store was held liable for
3.8 million dollars in damages to
the injured customer.
( 100 CAL Reporter 2nd
854- CAL Appeal 2000)
86. Problematic Behaviors:
Despite all our best efforts at
“managing", we have very little
control over other people’s actions,
including the people that work with
or for us. We can inspire, motivate,
guide or threaten them, but the
choice to act in a certain way is
always up to the individual.
87. Problematic Behaviors (2):
Today’s workplaces are complex
environments – it is a rare occasion
when all employees get on together
and work enthusiastically and
constructively to achieve the goals of
the business. Problem behavior on the
part of employees can erupt for a
variety of reasons.
88. Recognize that problem behavior
usually has a history:
It usually develops over time and
seldom from a single incident. As a
manager, it is your responsibility to be
alert to the early warning signs and deal
with the underlying causes before the
situation reaches a crisis.
89. Ask yourself: "Am I partly or wholly
responsible for this behavior?"
You would be surprised how frequently it is
the manager who has created, or at least
contributed to problems of employee
behavior. Having an abrasive style, being
unwilling to listen, and being inattentive to
the nuances of employee behavior are all
factors that contribute to the manager's
need to thoroughly examine what is going on
90. Don't focus only on the overt
behavior:
When confronted by an angry or upset
employee, it's easy to attack the person and
target their behavior rather than examine
the factors that underlie the behavior. Often,
this takes patience, careful probing, and a
willingness to forgo judgment until you really
understand the situation.
91. Clarify before your confront:
Chances are, when an issue first surfaces, you will
be given only a fragmentary and partial picture of
the problem. You may have to dig deep to surface
important facts, and talk to others who may be
involved. One safe assumption is that each person
will tend to present the case from his or her
viewpoint, which may or may not be the way it
really is. Discretion and careful fact-finding are
often required to get a true picture.
93. Plan your strategy:
Start by defining, for yourself,
what changes you would like to
see take place, then, follow this
sequence:
Meet with the person and let
them know that there is a problem
or concern.
94. Plan your strategy:
State the problem as you
understand it and explain why it is
important that it be resolved.
Gain agreement that you've defined
the problem correctly, and that the
employee understands that it must be
solved
97. Managing difficult employees:
Never be afraid to mange, counsel,
discipline or confront difficult or
problematic employees. Although
professional and prudent conduct is
always expected, one must be
vigilant and face all HR related
problems with confidence and tough
unwavering resolve.
99. 1. Don't ignore the problem.
Assuming that the employee provides value
to the company and possesses redeeming
qualities, there are ways to deal with
difficult employees. Most often, managers
will simply ignore problematic staffers.
Managers who live by this rule hope the
problem will just go away; that these people
will somehow turn themselves around or
stop being troublesome. Ignoring the
situation is the wrong solution to what could
likely become a progressive problem.
100. 2. Intervene as soon as possible.
It is important to take action as soon as the negative
behavior pattern becomes evident--when left
untouched, this problem will only escalate.
Occasionally, the difficult employee has no idea that
his behavior is a problem or that others react
negatively to his actions. This is because most people
tend to put up with the annoying behavior and "go
along to get along." At the same time, some
employees just consider it a "job frustration." Just like
some managers, employees want to be liked by
colleagues and subordinates and are therefore
reluctant to speak up when a problem arises.
101. Ultimately, it is the manager's responsibility to
take the appropriate action to correct the
problem. Whether the concern exists due to
the employee's lack of knowledge of the issue,
lack of feedback or projecting the difficulty
onto someone else, the manager has the
responsibility of addressing and turning
around the predicament. The manager needs
to gather information from employees to
discern the extent of the problem and
personally observe the employee interacting
with customers or vendors.
102. 3. Research the problem personally.
Armed with accurate data and
examples, the manager needs to then
take this person into a conference room
or office--away from others--and calmly
address the issue. To begin, the manager
needs to ask the employee if he is aware
of any ongoing issues to determine if the
difficult person is aware of the problems.
103. 3. Research the problem personally.
If the employee is "unaware," the
manager needs to describe the
unacceptable behavior. The employee
might interrupt to disagree or deny the
existence of any issues. Nevertheless,
the manager needs to continue by giving
clear examples of the unwanted
behavior. The manager also needs to
allow the employee to respond to the
allegations
104. Once the employee begins to understand that these
negative behaviors are real and experienced by others
in the organization, the manager or someone from
human resources should begin to coach the difficult
employee in displaying more acceptable and
appropriate behaviors. The employee needs time and
practice in "trying on" new, more suitable behaviors.
HR and/or the manager need to provide specific
feedback to this employee on the success or failure of
his efforts in minimizing the negative actions and
implementing ones that are more positive.
4. Help the problematic employee
to get back on track.
105. If the employee continues to deny his inappropriate
behavior and refuses to try to improve the situation,
the manager needs to place this person on the fast
track towards termination. Often this involves
recording a series of well-documented verbal and
then written feedback about the behavior. Strictly
following company protocol, there should be a period
for the employee to address the questionable
behavior. If this trial period does not result in
improved behavior, then the employee needs to be
terminated.
5. If all else fails, termination
may be necessary.