What Does this Mean?Considering that Vasquez had a history sexually harassing students in his prior school district, he should have never been hired to work near any kids. On the contrary, Vasquez was hired with a school district in California that provided him with easy access to students. Unfortunately, Vasquez was allowed to victimize another student.
Find out more about how we can help you. CHAT LIVE with a representative now.How does this incident reflect on the school district? Without a doubt, Vasquez should have never been hired by another school district and given access to vulnerable students. The California school district that hired Vasquez should have submitted him, like any other prospective employee, to rigorous checks, including background checks. Did the school district fail to take enough caution when hiring Vasquez? Did the school district even bother to subject him to a background check?
About Negligent HiringNegligent hiring occurs when employers, such as a school district, fail to take appropriate measures to ensure that they are hiring someone who will not pose a hazard to other parties – in this case to students. If the school district had subjected Vasquez to a background check, they would have likely become aware of his history with sexual harassment. In fact, even a quick online search of his name would have resulted in information regarding the sexual assault incident in the Wisconsin school district where he was previously employed.
- A hospital failing to discover that a newly hired nurse has a history of mistreating patients.
- A hospital failing to discover that the new janitor has a history of sexual assault.
- A rideshare company failing to realize that a prospective driver has a history of violent crimes.
- A nursery failing to realize that the new day care teacher has been previously fired for hurting small children.
The Different Ways to Avoid Negligent HiringThere are many different ways in which employers could prevent from hiring people with backgrounds that conflict with the line of work. Without a doubt, the most obvious way for employers to avoid negligent hiring is to subject prospective employees to background checks. However, background checks can sometimes be ineffective – especially if the prospective employee was never convicted or charged with anything. What else could employers do? Undeniably, they should thoroughly review all information provided by a prospective employee. If there are any suspicious patterns or gaps within employment, it is essential that employers pay even more attention. Employers should also contact multiple personal references as well as professional references. If there are no red-flags during the hiring process and the individual is hired, it is essential that the employer remains vigilant for any behavior that might prove that the employee represents a danger to other parties.
What Can You Do?What can you do if you were affected by negligent hiring? What could you do if your child was affected by negligent hiring? Do you have the right to take action against the school district if your child was attacked by a sexual predator that should never have been hired in the first place? Without a doubt, you have the right to take action. You could sue the party that directly sexually assaulted your child, but you could also sue the school district. The right to pursue a claim is based on negligence: a party/entity owes you (or your child) a duty of care; the party/entity breaches the duty of care owed; the breach of duty causes a risky situation (a sexual deviant having access to children); the breach of duty leads to harm (sexual assault).
Learn more about your legal options by chatting with a representative now.If negligent hiring practices eventually led to your assault or your child’s assault, it is essential that you seek legal assistance as soon as possible – as you have the right to pursue a claim. If you are interested in pursuing a claim and fighting for your right to recover compensation, it is important that you take action immediately. You should collect any evidence that is available. You should file the appropriate reports with the school, school district, and the police. There should be a medical record of the assault. You should also ensure that you have legal assistance. Sexual assault is usually associated with complicated legal processes – hiring an attorney will ensure that you have the guidance that you need during this difficult process.