Two Employees Delivered a New Washing Machine

493 Words2 Pages
. Two employees delivered a new washing machine to the home of an 80-year-old widow. The deliverers were in the home for about thirty minutes and were unobserved for part of this time. After they left the women discovered that some cash and jewelry were missing. Some but not all of the jewelry was subsequently recovered from the delivery persons. Prior to being employed by the delivery company, one of the deliverers had pled guilty to a charge of fourth degree burglary with an intention to commit theft from a dwelling. The delivery company did not interview or otherwise check the background of the delivery person with the criminal record. The women sued the delivery company for damages stemming from the theft of her possessions. What should the court decide? Why? > Background check is very important before hiring an employee because it presents the potential liability of employers for the harmful acts of the people they hire. Employers are generally responsible for the actions of their agents so they should avoid negligent hiring. If an employer fails to meet its duty to conduct an adequate background check and hires an unfit employee who uses his or her position to inflict harm on others, that employer may be liable for negligent hiring. Here in this case, the delivery company hired these deliverers, one of whom had pled guilty to a charge of fourth degree burglary with an intention to commit theft from a dwelling. This is clearly a case of negligent hiring without a background check. Also liability for negligent hiring is limited to situations in which an unfit employee harmed others while on the employer’s premises or while using the employer’s property. In this case, delivering a new washing machine to the home of a customer indicates that the theft was conducted in the working hours and on the employer’s premises. Failing to check for a criminal record is

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