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June 2010

Are You Monitoring Your Current Employees for Criminal Records?

Your liability does not stop when you hire an employee with a clean background.  Do you have any policy in place that would make you aware of new criminal activity involving an employee?


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WATCHGUARD
No more absent background checks.


With our new Watchguard Service, which can be added on to our National Identifier national criminal database product, you can monitor an employee for 12 months and renew for 12 month periods after that.  Our system will automatically scan the national criminal database every month for your employees and notify you of any changes or new cases. 

Call your True Hire representative today to learn more about this service.

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Trial Court Properly Dismissed Complaint for Negligent Hiring and Retention...

When plaintiff failed to allege sufficient nexus between employment and plaintiff, to support a duty owed.

McGill v. Bartlett Towing, 35 Fla. L. Weekly D1200 (Fla. 5th DCA May 28, 2010):

Plaintiff alleged that she suffered personal injury when a towing company employee violently pushed her to the ground immediately before stealing her car.  At the time of the attack, though, the plaintiff was not seeking any towing services.  The complaint did not allege that the attack occurred on the towing company’s premises, nor did the employee meet the plaintiff as a direct consequence of his employment.  Further, there was no allegation that the company would have received a benefit from the meeting of the employee and the plaintiff had the wrongful act not occurred.  The employee had not been dispatched to the plaintiff’s location nor was she in need of tow truck service.

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Because the amended complaint failed to allege a sufficient nexus between the offending employee and the plaintiff to support a legal duty owed to hire and retain non-dangerous employees, the trial court properly dismissed the complaint.  Without a legal duty to a particular plaintiff to exercise reasonable care in hiring and retaining safe and competent employees, a plaintiff cannot state a cause of action. 

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