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Who Won This Case: Was HR at Fault for Fight Injury?
When a worker attacks another, the victim says HR should have known about the employee’s violent past. Read the dramatized version of this real-life case and see if you can determine which side won.
The scene: HR manager Trish Albright slid the paperwork across the table while explaining to Mac Herron, “Just sign where indicated and we can finish up what’s needed for your workers’ compensation claim.” Mac picked up a pen and began signing as he spoke: “I’m still not happy. That nut-case Steve attacks me on the job for no reason, breaks my arms, and all I get is comp.”
“I can understand how you feel,” Trish replied.
“Well, then, why didn’t someone here know about his violent history?” Mac shot back. “I heard he got fired from another company for fighting. Isn’t it HR’s job to know about this stuff when someone gets hired?”
No one mentioned it.
“That came out after the fight with you,” Trish explained. “When we did a hiring check on Steve, his old employer never mentioned anything like that.”
“And the result is that you let some maniac in here who ends up attacking me,” Mac said loudly.
“We don’t think we reasonably could have done more to find out about Steve’s violent background,” Trish said. “But we are living up to our obligation by paying you comp as a result of the injury.”
“You may think that’s enough, but I don’t,” Mac said. “Let’s see what a lawyer says.”
Mac eventually sued the company for damages over the injury. The company said paying comp was enough to make up for the problem.
Did the company win?
Answer
Yes, the company won.
An appeals court ruled workers’ compensation was a suitable remedy for the injury Mac suffered during the attack by Steve. Two factors led to the decision: In many states, employees who receive workers’ compensation for an on-the-job injury can’t turn around and sue the employer for circumstances surrounding the injury unless the employer was grossly negligent. Trish had done the usual background checks before hiring Steve, and nothing fishy turned up. Had his violent history become known – and ignored – during the checks, the outcome of the case might have been different.
Courts do not necessarily expect HR managers to uncover every hidden detail about a candidate’s background. They do, however, expect companies to do reasonable check and act on anything – such as a history of harassment or violence – that might disqualify the candidate. (Cite: Peterson v. Arlington Hospitality Staffing, Inc.)