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Unformatted text preview: [**21] contact such as that involved in
the entry of customers' homes.
Appellant's claim that it satisfied its duty to evaluate Turner's fitness for the deliveryman
job, as a matter of law, must fail because the prior employment experience with Turner
was not similar. Upon consideration of all the evidence relating to Tallahassee Furniture's
knowledge of and experience with Turner, the jury could reasonably have concluded that
Tallahassee Furniture judged Turner's employability upon the single criterion of whether
his capacity as a laborer was sufficient to satisfy appellant's economic interests, rather
than upon whether his character, conduct, and mental condition were such as to ensure
the safety of its customers.
Our holding that the evidence was sufficient to go to the jury on the negligent hiring
charge makes it unnecessary to decide whether the evidence was also sufficient to
support the charge of negligent retention. However, in view of the serious consequences
flowing from the appellant's negligent hiring of Turner, we deem it appropriate to also
discuss appellant's contentions regarding the charge of negligent retention. Appellant
urges, again, that it met its obligation to exercise [**22] reasonable care in its retention
of Turner as an employee having access to customers' homes and that it, accordingly, is
entitled to judgment as a matter of law on this issue. Again, we disagree.
Negligent retention of an employee occurs when, during the course of employment, the
employer becomes aware or should have become aware of problems with an employee
that indicate his unfitness, but the employer fails to take further action, such as
investigation, discharge, or reassignment. Garcia, 492 So.2d at 438, and cases cited
therein. Appellant urges that, here, there is no evidence that it had notice of Turner's
unfitness during his employment. Appellant reviews the evidence concerning two
episodes during the employment which, to some extent, indicate unlawful activity on the
part of T...
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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