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Unformatted text preview: tion of an employee's
criminal records. n9
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - - 50 n9 The court instructed the jury, in part:
However, there is no requirement in every case that the employer make an inquiry
with law enforcement agencies about an employee's possible criminal record.
Even where the employee is to regularly deal with the public [sic].
If the employer makes adequate inquiry or otherwise has sufficient basis to rely on the
employee there is no need to inquire about the possible criminal record. Even actual
knowledge of an employee's criminal record does not establish in every case the
employer's negligence in hiring him.
The law does not require that an employer can never hire a person with a criminal record
at the risk of being held liable for the employee's tortuous act, however each case must be
determined on its own circumstances.
Rehabilitation of those who have gone astray can be a goal of society.
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**52]
We further find appellant's contention that the hospital records pertaining to Turner's
psychiatric illness were inadmissible is without merit. Appellant bases its argument upon
Section 394.459, Florida Statutes (1985), to the effect that psychiatric and psychological
records are confidential and may not be disclosed without a waiver from the patient.
Appellant filed a motion in limine seeking a ruling from the trial court excluding these
psychiatric records. The trial court granted the motion in limine based upon the records'
confidentiality under the statute, subject to a showing that the records were properly
obtained. At the trial, it was disclosed that Turner had signed a release with respect to
these records, and they were obtained by Dr. Stimel, a psychologist who examined
Turner shortly after his arrest for the attack on Harrison. We find no error in the trial
court's admission of these record.
Appellant makes much the same argument as was made in the Easley case [*762]
above, to the effect that the records were not available to the employer. As demonstra...
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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