Question
Late one night after work, Charlotte gets into a fight in a bar, and is arrested. She is convicted of assault and battery, and sentenced
Late one night after work, Charlotte gets into a fight in a bar, and is arrested. She is convicted of assault and battery, and sentenced to probation. Charlotte tells Victoria, her employer, about the arrest and conviction, but Victoria does nothing. A month later Charlotte gets into an argument with a customer that turns violent. Charlotte causes the customer serious injuries. Could Victoria be liable for negligent employment retention?
a. Yes, because retaining an employee who has been convicted of a crime is negligence per se
b. No, unless Charlotte's convictions were for fighting after an argument
c. Yes, because Victoria had reason to know of Charlotte's capacity for violence
d. No, because Charlotte's convictions were not work-related
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