Courts don’t require employers to have crystal balls — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Courts don’t require employers to have crystal balls

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Sometimes, people sue everyone they believe may somehow have been responsible for their misfortunes. When someone has been seriously harmed by one of your employees, your organization becomes an attractive target.

Fortunately, an employee’s past conduct unrelated to the allegation won’t put the employer in hot water.

Recent case: Helen Love claimed she had been sexually assaulted by the social worker handling her case. She argued that the agency that assigned the social worker should have known he was dangerous because he had earlier carried on an affair with a co-worker.

The court tossed out Love’s claim, reasoning that since the affair didn’t involve sexual coercion, the agency could not have anticipated that Love would be assaulted. (Love v. New Jersey Division of Youth and Family Services, et al., No. 07-3661-JEI-J, DC NJ, 2010)

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