Answered

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The Happy Days Day Care is hiring a child care worker.On the employment application,Happy Days specifically asks if the applicant has ever been arrested.Tina applies for a job at Happy Days and answers no to that question.She also answers no to the question that asks if there is any reason that she would not be qualified to work with children.Soon after Tina is hired,she severely shakes a baby to stop it from crying,causing the baby injuries.It is discovered at trial that Tina has been fired from numerous day cares for baby shaking and various other offenses.If the baby's parents sue Happy Days:
A) Happy Days is not liable because it made a good faith effort to screen applicants and because it specifically asked about past indiscretions.
B) Happy Days is liable because Tina was dealing not with the public but only with children.
C) Happy Days is liable for negligent hiring.
D) Happy Days is liable for negligent retention.

Sagot :

Parrain

Answer: C) Happy Days is liable for negligent hiring.

Explanation:

Happy Days is liable for negligently hiring Tina. As the employer and especially as one working with children, the onus is on them to verify the information given to them by Tina.

Had they verified the information, they would have found out that Tina was not supposed to be taking care of children due to her violent tendencies. They would therefore not hire her and this ugly situation would have been avoided.

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