Negligent Hiring and Negligent Retention Claims – Is a Clairvoyant’s Vision Required?
- Learn the legal elements and types of proof required for negligent hiring, negligent retention and negligent supervision claims in order to manage against exposure to such claims. Also learn the distinction of vicarious liability, where the employer is automatically legally responsible for the acts of its agents/employees.
- Review facts and scenarios from reported case decisions in order to learn and glean tips for compliance and risk avoidance in this area.
- Discuss common methods of background checking as well as the efficacy and legal issues associated with each method, with a focus on avoiding negligent hiring claims.
Exposure issues from a legal perspective in hiring, retention and supervision of staff are everyday occurrences in business. Very often, employers are faced with claims from third parties when an employee causes injury or harm in the course and scope of their employment. This session will include the specifics of these claims, with examples from court cases, and real-life experiences regarding how to mitigate the risks associated with these claims. No single industry is exempt from the implications of these issues, so first-hand knowledge is imperative to anyone in a supervisory role.
H. Wayne Young, J.D.
Partner at Friday, Eldredge & Clark
H. Wayne Young is a partner with Friday Eldredge & Clark and a member of the Labor and Employment Law Practice Group. His practice focuses on employment and labor law including discrimination matters, harassment, wage and hour compliance, family and medical leave and covenants not to compete. He advises his clients in these matters from the compliance stage, to defending government investigations and litigation if necessary. Wayne is often called upon to speak on topics such as medical marijuana in the workplace, social media, discrimination and updates to regulations and new legislation. Wayne currently serves as General Counsel to the Arkansas State Council of the Society of Human Resource Management and that organization awarded him the Russell Gunter Legislative Advocacy Award in 2017. He is a member of Central Arkansas Human Resource Association and was awarded the association’s Legislative Advocacy Award for 2018.