May 24, 2011

Background checks.

Practice point: The employer has no duty to inquire as to whether an employee has been convicted of crimes in the past.

Students should note that the employer will not be liable on a respondeat superior theory if the employee's behavior was outside the scope of employment.

McCann v. Varrick Group LLC, NY Slip Op 04104 (1st Dept. 2011).


Tomorrow's issue is summary judgment.