New Law Makes It Harder to Introduce Evidence of Prior Incarceration or Conviction in Negligent Hiring Claims

Under a negligent hiring theory, an employer’s liability arises from its failure to take reasonable care in making hiring decisions, thereby placing the newly hired employee in a position to cause foreseeable harm to others. The negligent hiring theory creates an incentive for employers to avoid hiring previously incarcerated individuals.

To avoid such tort exposure, many employers choose not to hire ex-offenders when they apply for employment even though New York Law provides that to do so under certain circumstances constitutes unlawful discriminatory practice.

The employer’s dilemma poses a serious problem for society.The unemployment rate for ex-offenders in New York … Read the rest

Instant Messages May Byte Too

An interesting discussion contrasting the technology, data storage characteristics and the discovery process of e-mails with instant messages (IM) appears in an article by attorneys Michael B. de Leeuw and Eric A. Hirsch in the “E-Discovery” special section of the November 5, 2007 New York Law Journal.

IM is quickly becoming the medium of choice for informal communication in the workplace, offering far greater efficiency, speed and immediacy than e-mail.

The article points out that although IM typically are stored locally in individual hard drives rather than in servers, some users of IM have found themselves in trouble because they … Read the rest