Employer Liability for Actions of Employees and

Others

Chapter 5

REVIEW OF STUDY FOR OCT. 28TH FOR SPORT LAW CLASS(Dr. Hamilton will be at TAPHERD Conference)

• Part I. Define the following and read the cases on page listed beside it if any.

• Vicarious Liability

• Liability

• Negligent hiring (p. 86) (p. 96)

• Negligent supervision (p. 87) (p. 97)

• Negligent retention (p. 88) (p. 97)

• Negligent selection (p. 92) (p. 97)

• Liability of independent contractor

• Ratification/condonation principle

• Factors used to determine Independent contractor status

• Liability for acts of volunteer (p. 94) (97)

• All work must be typed and due November 4th in class.

• Part III. Complete Take-Home Exam (hhamilton.vpweb.com/elearning)

Management Contexts,Relevant Laws, and Cases

Liability of Employers for Employees

• Vicarious liability: Respondeat superior (let the master respond).

• Employee actions must be within “scope of employment.”

Your Perspective

• Reread the Gibbons and Campbell quotation (2003, p. 215) regarding the possible implications of Southport Little League v. Vaughan.

• What is your reaction to the idea that coaches and administrators who sexually assault players accompanying them on team trips may be, at least in part, acting within the scope of their employment?

Negligence in Employment-Related Decisions

• Negligent hiring

• Negligent supervision

• Negligent retention

• Negligent selection

Competitive Advantage Strategies

Liability Related to Employees

• Develop and follow protocols for hiring employees, even when a candidate is known.

• Include protocols for reasonable investigation into applicants’ backgrounds.

• Check references thoroughly.

• Train managers to supervise and discipline employees appropriately.

• Develop a no-tolerance policy regarding workplace violence and inappropriate behavior, and train employees to resolve disputes.

Liability for Independent Contractors

• Employer avoids the prospect of vicarious liability based on the independent contractor’s actions.

• Degree of control is critical.

• Independent contractor status is determined by variety of factors.

Negligent Selectionof Independent Contractors

• Exception to general rule of nonliability for actions of independent contractors.

• Elements of negligence apply if employer fails to use due care when choosing an independent contractor.

Terms and Conditions of an Independent Contractor

Agreement

Liability for Acts of Volunteers

• Volunteer: Assists organization in some capacity for no compensation.

• Liability of a volunteer’s acts depends on level of control exerted over his/her actions, not on unpaid status.

Liability for Actions of Collegiate Athletes

• Athletes are not agents of the university, nor are they employees.

• Courts typically hold that the relationship between university and its athletes is not one of employer-employee.

• Vicarious liability should not be imposed on a university for actions of its athletes.

Competitive Advantage Strategies

Liability of Contractors and Volunteers

• Independent contractors:

• Develop a list of necessary credentials for independent contractors, and hire only those who meet the criteria.

• Require a list of references, and check them carefully.

• Volunteers:

• Screen and select volunteers with the same care that you use for employees in the same capacities.

• Use particular care when screening volunteers who will be in positions of authority and trust with minors.

Your Perspective

• Would you prefer to work as a full-time employee of an organization or as an independent contractor? Why do you have this preference?

• Have you worked as a volunteer? How was the experience?