Professional Documents
Culture Documents
Written Assignment Unit 5 BUS 5511
Written Assignment Unit 5 BUS 5511
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i YOURS, INC. i
The following analysis addresses Case Study 2, "The Negligent Hiring/Retention Case," from
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Angela T. Hall's "Personally Yours: A Case Study Trilogy." This case study explores the
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challenges faced by Personally Yours, Inc., a personal assistant firm, regarding its hiring and
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retention practices, particularly in light of potential legal liabilities associated with negligent
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hiring and retention. The analysis focuses on evaluating the necessity of background checks
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for all employees and determining the appropriate action concerning a longtime employee
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relevant legal issues, company policies, and the ethical imperative to ensure the safety of
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Situation Analysis: Currently, Personally Yours, Inc. operates with standardized hiring
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references and conducting criminal background checks. However, there are concerns raised by
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HR Supervisor Gary Garcia regarding the need for background checks on all employees,
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including existing ones, due to the nature of their work involving contact with vulnerable
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Analysis of Legal Issues: Negligent hiring/retention liability arises when an employer fails to
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exercise reasonable care in hiring or retaining an employee, leading to harm to others. Given
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that Personally Yours employees work in clients' homes and have contact with vulnerable
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individuals, the company has a duty to ensure the safety of its clients. Failure to conduct
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thorough background checks on all employees, including existing ones, could expose the
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company to legal liabilities if an employee with a history of criminal behaviour causes harm to
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checks on all employees, both new hires and existing ones. This proactive measure will help
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mitigate the risk of negligent hiring/retention liability and ensure the safety of clients.
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Protocol Development i
ii. Background checks should be conducted periodically for existing employees to ensure
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iii. The protocol should outline the criteria for disqualifying candidates based on certain
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iv. HR should ensure compliance with federal and state laws governing background
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i checks, such as the Fair Credit Reporting Act (FCRA) and state-specific regulations
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i (Hall, 2017). i
Situation Analysis: Branch Manager Violet Jennings discovered that Jackson Tibbits, a
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longtime employee and handyman, is listed on the Florida Sexual Offender list due to a
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conviction 17 years ago for unlawful sexual contact with a minor. Tibbits' criminal history
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raises concerns about his suitability for employment, especially given the nature of his job
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Analysis of Legal Issues: Employers have a duty to provide a safe work environment for
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employees and clients. Hiring or retaining an employee with a history of sexual offences could
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pose significant legal risks, including claims of negligent retention if the employee reoffends.
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Additionally, terminating Tibbits based on his criminal history may raise issues related to
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discrimination and may attract sanctions (U.S. Equal Employment Opportunity Commission.
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n.d.), particularly if there is evidence of disparate treatment or disparate impact on protected
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Recommended Action i
Termination Consideration: Given the severity of Tibbits' offense and the potential risk to
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clients, termination may be warranted to ensure the safety of clients and maintain the
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Legal Review: Before making a decision, HR Manager Alyssa Williams should consult with
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legal counsel to assess the legal risks and implications of terminating Tibbits based on his
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criminal history. Legal counsel can provide guidance on compliance with relevant
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Due Process: Tibbits should be allowed to respond to the allegations and provide any
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Conclusion ii
Alyssa Williams, as the HR Manager, should prioritize the safety of clients and the company's
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legal compliance when determining the necessity of background checks and making decisions
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regarding the employment of individuals with criminal histories like Jackson Tibbits.
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Consulting with legal counsel and following due process are essential steps in mitigating legal
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Hall, A. T. (2017). Personally Yours: A Case Study Trilogy. Journal of Human Resource
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from https://www.eeoc.gov/laws/types/.
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