TELESEMINAR: Employment Law Torts in the Workplace – A National Perspective
March 20, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours
For employers, the workplace is deep with potential torts. Hiring can be a delicate balance of adequately investigating the background of an applicant to cover past misconduct without making legally prohibited inquiries. Workplace supervision in a digital age easily gives rise to claims of invasions of privacy. Workplace investigations, often involving conflicts among employee, can implicate claims of the intentional infliction of emotional distress, defamation, and retaliation. At every stage of the employment process there are potential torts. This program will provide you with a practical guide to tort liability in the employment relationship, including torts in recruiting and hiring applicants, retaining and monitoring employees on the job, and best practices to avoid or limit liability.
- Common law and statutory sources of employment law torts
- Privacy based torts – questionnaires, online monitoring of employee communications, false light, searches
- Torts in hiring –balancing act of background checks, drug checks, and the standard of foreseeability
- Negligent retention of potentially dangerous employees
- Torts in workplace investigations – intentional infliction of emotional distress, defamation, false imprisonment
- Negligent supervision after notice an employee is troubled
- Best practices and defenses for employers to avoid or limit liability
Kenneth W. Gage, Paul Hastings, LLP, Chicago