Unformatted text preview: ents unavailing for several reasons.
As to the duty to "independently investigate," we readily accept appellant's
acknowledgment that this entails [**16] something other than a personal interview of
the employee, obtaining an employment application, or evaluation based upon actual
observation and experience with the employee. Consequently, to simply say that there
was no legal duty on the part of the employer in this case to make an "independent"
investigation, does not mean that there was no duty to investigate before hiring Turner. In
this case, by Tallahassee Furniture's own admission, there was no " [*752] independent
investigation" of Turner's fitness for employment as a deliveryman. Indeed, there was no
"investigation" at all. Tallahassee Furniture conducted no job interview, nor did it obtain
a written employment application from Turner, notwithstanding the fact that the company
had on hand application forms which it generally used.
As to the claim that Turner's job involved only "incidental contact" with customers, we
find no hard and fast rule in the case law classifying a retail furniture deliveryman job as
involving "incidental contact," so as to relieve the employer of any "independent
investigation." For this proposition, appellant relies upon dicta in the Williams case, in
which the court said that when the employer in that [**17] case hired the employee to
do outside work on the grounds of properties consisting of condominiums and residential
home sites, during which he would only have "incidental contact" with the tenants, "we
cannot see how [the employer] had any obligation on behalf of his company to make an
independent inquiry concerning [the employee's] past if he did not want to." 386 So.2d at
1240. We do not find this language pertinent given the facts of this case. Even accepting
the proposition that "outside work on the grounds" of a residential condominium
community necessarily involves only "incidental contact" with tenants, it does not
View Full Document
This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08