ABSTRACT

One of the newest tort theories being utilized in the area of workplace violence is that of negligent hiring. Employers should be cautious and take the appropriate steps in the hiring and screening phases to possibly avoid this potential area of legal liability. Preventative measures may be well-intentioned, but pose troubling conflicts in themselves, pitting each employee's privacy vs. overall worker protection. A full-self evaluation of business and its personnel may be the key to safeguard against workplace violence. In an incident where an individual began to harass and threaten the female employee both at work and at her home. The female employee found a death threat scratched on her locker door at work. The district court dismissed the negligent supervision theory because it derives from the respondent superior doctrine, which the court recognized relied on the connection to the employer's premises or chattels.