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Negligent Hiring/Retention

Beginning of Essay
Human resources professionals have been breathing a bit easier because of the retrenchment in the "At-Will" Employment Doctrine.(1) The repreive was short lived, however, as a relatively new employee relations law scourge has surfaced- The Tort doctrine of .(2) ....

Middle of Essay
.... and other personal information under the right to privacy arguement, a constitutional arguement employing fourth amendment illegal search and siezure guarantees. Human resources managers can be heard in corporate hallways mumbling about these apparent conflicts and incongriuties in common law and government mandate. Historically, If a worker commited a negligent act, a plaintiff often would sue his or her employer under the theory of Respondeat Superior, or let the master respond. (3) This doctrine holds the employer liable for his or her employees' negligent, on the job actions and does not depend in any way on the fault of the employer. (4) ....

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