Legal Question in Employment Law in Florida
Placement of an employee with a criminal history in the workplace of a client
A marketing company from Florida placed a ''marketing specialist'' in our office to sell advertisements in a brochure they were going to produce to help market our business. This woman not only has a past criminal record for theft and served time twice, she stole approx. 46 company checks, has cashed several in both states, fraudulently represented herself as our employee to gain access to some of our accounts locally, as well as sexually asserting herself to my husband and trying to use that to acquire money from him. Can her employer be held responsible for her actions while she was in our office, and, if so, are there any legal precendences that have been set that you could e-mail/fax to me?
2 Answers from Attorneys
Re: Placement of an employee with a criminal history in the workplace of a clien
Based on the facts provided, there is no legal claim I can see nor am I exactly clear on to whom you're asking can her employer be liable? To you? And if so, for what? Please clarify if you'd like further assistance.
Re: Placement of an employee with a criminal history in the workplace of a clien
There may be a claim for negligent hiring/retention, if there are actual damages. If you are just upset that the woman has come on to your husband, he should discuss it with his manager or HR dept. if it is a problem. At least he would be on record, should a sexual harassment allegation crop up later. But if your husband has suffered actual harm somehow (loss of income, promotion, etc.), then perhaps there is a claim.
It does not sound like there is a case, though, on the facts as described.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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