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The workplace is deep with potential torts. Hiring can be a delicate balance of adequately investigating the background of an applicant without making legally prohibited searches or inquiries.
Workplace supervision in a technologically interconnected age can easily give rise to claims of invasions of privacy. Workplace investigations, often involving conflicts among employees, can implicate claims of basis, discrimination, harassment, intentional infliction of emotional distress, defamation, and retaliation. At every stage of the employment process there are potential torts.
This program provides a practical guide to employer tort liability in the workplace.
- Torts in hiring –balancing act of background checks, drug/cannabis checks, and the standard of foreseeability
- Privacy based torts – monitoring employee social media and other digital communications/posts
- Negligent retention of potentially dangerous employees
- Torts in workplace investigations – intentional infliction of emotional distress, defamation, false light torts
- Negligent supervision of troubled employees
- Best practices and defenses for employers to avoid or limit liability