ERIC Number: ED374538
Record Type: RIE
Publication Date: 1993-Nov
Litigation and Liabilities: Issues in Nonpublic Schools (Negligent Hiring and Retention and Employer Liability).
Perrotta, Robert A.
The torts of negligent hiring and negligent retention occur when an employer breaches a duty in hiring or retaining an employee who is incompetent or unfit for the job to which the employee is assigned; and consequently, the actions of that employee proximately cause injuries to a third party. This paper examines legal issues regarding negligent hiring and retention and employer liability in the nonpublic schools. Following definitions of terms, the paper covers the following topics: elements of the prima facie case, respondeat superior distinguished, liability for acts outside the work day, the crux of the cause of action, the extensiveness of a background check, and limitations on liability. Theory is also applied to "Scott v. Blanchet High School." Recommendations for avoiding liability for negligent hiring or retention include: (1) any hiring protocols should include careful background checks; and (2) school administrators should develop a uniform screening/hiring procedure. Although these procedures are time-consuming, being involved in extensive judicial proceedings is even more so. (LMI)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National Organization on Legal Problems of Education (Philadelphia, PA, November 1993).