A Company Hired a File Clerk, but Did Not Inquire

question 13

Multiple Choice

A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant.  If the waitress sues the employer, a court would most likely decide that:

• A)the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday
• B)the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person
• C)the employer is not liable for negligent hiring because the employee did not assault the waitress on company property
• D)the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job

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Definitions:

Levels-Of-Processing

A theory of memory suggesting that memory recall is influenced by the depth of mental processing, which ranges from shallow to deep levels.

Modal Memory Store

A concept in memory research referring to different types of memory storage, such as short-term, long-term, and sensory memory.

Anterograde Amnesia

A condition in which new memories cannot be formed following a traumatic event or injury to the brain.

Hippocampus

A major component of the brain in the temporal lobe, playing critical roles in memory formation, organization, and retrieval.