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  Girl sexually assaulted by apartment maintenance worker: Negligent hiring, retention -Click Here for More Articles-   

Employee screening is a valuable tool for preventing employee violence and costly lawsuits. Example: 

Doe v. Allen Temple Devs., Inc., Ga., Fulton County State Ct., No. 01VS023910G, Dec. 6, 2002.

Doe, 17, lived in an apartment complex. A maintenance worker sexually assaulted Doe in her apartment, gaining entry to the apartment by telling Doe he was there to repair the ceiling. The attacker pleaded guilty to aggravated assault in a criminal proceeding. Doe continues to suffer psychological problems and her school work has suffered as a result of the incident. Doe's mother, individually and on Doe's behalf, sued the company that owned and operated the apartment complex and its management company, alleging negligent hiring and retention of the maintenance worker, who had been arrested on criminal charges thirteen times before he was hired. Plaintiffs alleged defendants knew or should have known of its employee's criminal record, and that defendants violated their own hiring practices by not checking the worker's background or by hiring him despite it. Defendants contended that most of the worker's arrests were for misdemeanors and none were sexual offenses.The parties settled during mediation before trial for a confidential amount. The apartment complex has since codified its employment procedures in a manual.

                                                                 Law Reporter, Oct 2003


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