Bob\'s Painting Service hired 3 temporary workers through Deb\'s Temps. Bob didn
ID: 456590 • Letter: B
Question
Bob's Painting Service hired 3 temporary workers through Deb's Temps. Bob didn't ask if back ground checks had been done on the employees. Deb did not check the criminal records for the workers hired by Bob. One of the workers, Joe Herrington, had been convicted of rape and had just recently been released from prison. While working for Bob, Joe attacked and raped the owner of the home that was being painted. The owner sued Bob.
a. None of the choices are correct
b. Bob is not liable because Joe was a temporary worker hired though Deb's Temps.
c. Bob may be liable because he did not make sure that adequate back ground checks had been done for the workers he hired.
d. Bob is not liable because Joe was not acting within the course and scope of his employment.
Explanation / Answer
c. Bob may be liable because he did not make sure that adequate back ground checks had been done for the workers he hired.
Bob should have asked Deb for the Back ground checks (by a outside agency , if in-house not possible) to determine eligibility for occupational licenses, i.e. if Joe Herrington or the rest of the workers are fit (legally) to get the job. In these cases agencies check to see if an individual was convicted of an offense that that bears on fitness to be licensed in that particular occupation. The owner has given the assignment for painting to Bob, so he is responsible of the risks / issues / criminalities involving his employees (Joe is acting as his employee)
Crimes like Rape, or murders can't be cleared for the official documents, and therefore easily be tracked via background checks. Ideally all conduct pre-employment background checks to protect themselves against lawsuits for negligent hiring. Once this is closed, then taking the dangers into consideration, Bob or any other employer should have assigned the tasks or job, taking all precautionary measures.