ayne used the passkey to breakinto Abbot's home at night, and psysically assaulted her. The court foundin favor of Abbot, saying that liability for an ex-employees conduct canoccur, and that the employer has a duty to inquire into the background of ajob applicant, including past employment and references. In its opinion, The court cited William vs. Feather Sound Inc. ( 386 So2d 1238, 1240 {Fla 2d DCA 1980} petition for review denied, 392 So. 2d 1374{Fla 1981}) saying: If an employer wishes to give an employee the indiciaof authority to enter the living quarters of others, it has theresponsibility of first making the inquiry whether it is safe to do so. Thecourt reaffirmed the ( Williams ) opinion, indicating that when an employerprovides assurances to a customer, vouching for an employee's honesty,reliability and trust, that employers responsibility ( And liability ) isincreased accordingly. In another case Salinas vs. Fort Worth Cab & Baggage Co. ( 725 S.W. 2d701 { Tex 1987 }) the plaintiff Maria Salinas, was raped, sodomized androbbed by a taxicab driver who accepted her as a fare. The driver had anextensive criminal assault record, including rape and assault. Theplaintiff argued that this information should have been available to theFt. Worth Cab & Baggage Co. and that the employer should have known aboutthe employee's criminal record and made use of it before hiring him. Thedefendant cab company admitted that it made no preemployment check of thedriver's background. The court held the business liable for negligenthiring and retention of a violence prone employee who had willfully injuredothers during the course of his employment.Duty of Care Increases depending on Industry In C.K. Security systems vs. Hartford accident and Indemnity Co. ( 137Ga. App. 1, 159, 223 S.E. 2d 453 {1976}), A Georgia court of appeal heldthe employer to a higher duty when it investigated backgrounds of securityguard applicants. A guard provided b...
