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Negligent Hiring, Fraud, Defamation, and Other Emerging Areas of Employer Liability.

Negligent Hiring, Fraud, Defamation, and Other Emerging Areas of Employer Liability

In today's highly litigious society, employees, customers, and visitors continue to consider all companies as if they were insurance carriers. Injured individuals believe they should be compensated if their injuries were caused by individuals employed by the company, or if they were merely harmed while on the company's property.

Over the past few years, companies have been faced with multimillion-dollar judgments because of litigation by victims of criminal, violent, or negligent acts committed by employees who, it is claimed, should not have been hired or retained.

This disturbing litigious trend signifies a new breed of lawsuit. In Negligent Hiring, authors Green and Reibstein cite approximately 125 cases in the following emerging theories of liability. They include

* negligent hiring,

* fraud and misrepresentation,

* defamation,

* infliction of emotional distress,

* assault and battery,

* false imprisonment,

* invasion of privacy,

* interference with contractual relations,

* malicious prosecution and abuse of process, and

* Racketeer Influenced and Corrupt Organizations Act (RICO). Green and Reibstein not only offer ways to avoid or limit liability exposure, but also describe emerging employer defenses.

At no time do the authors intrude with their own opinions or make unwarranted value judgments. They highlight the most frequently used defenses, which primarily focus on workers' compensation statutes and preemption, disproving the doctrine of respondeat superior, and proving contributory and comparative negligence.

This is an excellent, invaluable reference--a real eye-opener for the security professional. It will assist the security director in identifying his or her organization's rapidly increasing vulnerability to lawsuits.

The information in this 225-page softback volume is of great value and is well presented. However, I do have a serious reservation regarding its $95 price tag.
COPYRIGHT 1989 American Society for Industrial Security
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1989 Gale, Cengage Learning. All rights reserved.

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Author:Law, John K.
Publication:Security Management
Article Type:Book Review
Date:Apr 1, 1989
Words:282
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