Yunker V. Honeywell Essay example

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Chapter/Case Questions: 1. Chapter 12, Yunker V. Honeywell, pg 456-459, Questions 1-4 1. The court meant by its statement that negligent hiring and negligent retention “rely on liability on the part of an individual or a business that has been on the basis of negligence or other factors resulting in harm or damage to another individual or their property” (Luthra, 2011) and not on “an obligation that arises from the relationship of one party with another” (Luthra, 2011). The court meant that “negligent hiring and negligent retention do not rely on the scope of employment but address risks created by exposing members of the public to a potentially dangerous individual” (McAdams, 2007, pg. 457). 2. The court rejected the negligent…show more content…
According to the definition by the Florida Appellate court, “Negligent retention occurs when, during the course of employment, the employer becomes aware or should have become aware of problems with an employee that indicated his unfitness, and the employer fails to take further action such as investigating, discharge, or reassignment” (McAdams, 2007, pg. 458). Since the record contained evidence of a number of episodes during Landins employment after imprisonment where Honeywell should have become aware if not already aware and have taken action, this is why the court allowed for the negligent retention issue to go to trial. References Luthra, V. (2011). Direct Liability. Business dictionary. Fairfax, VA : WebFinance, Inc. Retrieved from http://www.businessdictionary.com/definition/direct-liability.html Luthra, V. (2011). Vicarious Liability. Business dictionary. Fairfax, VA : WebFinance, Inc. Retrieved from http://www.businessdictionary.com/definition/vicarious-liability.html McAdams, T. (2007). Law, Business, and Society. New York: McGraw-Hill Irwin. Chapter/Case Questions continued: 2. OSHA, Questions 1-4 1. Who can complain to OSHA? “Employees or their representatives have a right to request an inspection of a workplace if they believe there is a violation of a safety or health standard, or if there is any danger that threatens physical harm, or if an "imminent danger" exists. In addition, anyone who knows about a

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