counter the person's unfitness, including retraining, reassignment,.
rescheduling or discharge ( See Cutter vs. Farmington, 498 A. 2d 316{N.H.
1985}.) For example, in Abbot vs. Payne et al (57 So. 2d 1156 {Fla. App. 4.
Dist. 1984}) a negligent hiring and employment allegation was at issue. The.
focused action precipitating this case occured after the worker terminated.
employment.
The case involved a customer who contracted with the Apollo Termite &.
Pest Control Co. to provide regular service in her home. Apollo assigned.
the co-defendant employee, Randall Payne, to provide service in Abbot's.
home. Abbot worked full time, so it was necessary for the pest control.
company to have access to her home while she was away. Therefore the.
company requested that Abbot provide a passkey. Because Payne would have.
the key and, therefore, independant access to her home, Abbot sought and.
obtained representations from the firm that Payne was reliable and.
trustworthy, and the company was fully bonded. quently, based on assurances.
from the company, the plaintiff allowed Payne to enter her home. Shortly.
after his employment with Apollo ended, Payne used the passkey to break.
into Abbot's home at night, and psysically assaulted her. The court found.
in favor of Abbot, saying that liability for an ex-employees conduct can.
occur, and that the employer has a duty to inquire into the background of a.
job applicant, including past employment and references.
In its opinion, The court cited William vs. Feather Sound Inc. ( 386 So.
2d 1238, 1240 {Fla 2d DCA 1980} petition for review denied, 392 So. 2d 1374.
{Fla 1981}) saying: If an employer wishes to give an employee the indicia.
of authority to enter the living quarters of others, it has the.
responsibility of first making the inquiry whether it is safe to do so. The.
court reaffirmed the ( Williams ) opinion, indicating that when an employer.
provides assurances to a customer, vouching for an employee's honesty,.