Legal Question in Business Law in California
property owners obligation
If an employeer hires an employee and does not follow thru with doing a back ground investigation or bonds them can they be held responable for the actions of there employees during the time of employment
3 Answers from Attorneys
Re: property owners obligation
OF course. An employer is always liable for the on job actions of its employees. There are a few exceptions, but don't count on them for protection.
Re: property owners obligation
Generally, an employer is liable for injuries that the employee causes while acting within the course and scope of that employment.
Your question sounds like it relates to something that an employee did which was not within that course and scope but which nevertheless caused injury.
The answer will depend upon the circumstances. You should consult with a local attorney to discuss the case and your options.
Re: property owners obligation
In my opinion the probability of an employer's getting sued over failing to do a background check is low. If there is a special risk, the probability becomes larger. For example, you would not want a convicted drunk driver to be driving a company car, or a convicted thief working inside customers' homes. You could consult your business insurance carrier and get their opinion.
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