In recent years, the Georgia courts have significantly expanded employers’ obligations—and therefore potential liability—in the area of negligent hiring and supervision. At the same time, employees and applicants now enjoy significantly expanded privacy rights.
There’s an obvious tension between the duty of care imposed on employers to avoid hiring and retaining dangerous or incompetent workers and the similarly evolving legal concept of individual privacy. That makes it more important than ever for employers to pay close attention to their application, hiring and background-check policies and practices.
‘Knew or should have known’
Recent court decisions show that Georgia courts are increasingly willing to hold employers responsible for injuries or other harm to customers, the public and other workers caused by employees (even former employees) who the employer knew or should have known posed a threat.
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