Professor Dr. Robert D. Waldo, SPHR
Business Employment Law-HRM 510
October 24, 2010
This paper will discuss the case of Davis v. The Board of County Commissioners of Dona Ana County. The outcome assessed will determine employment laws that apply to the selection, development, and management of employees. First, I will discuss the legal issue in the case. Secondly, I will explain why the court concluded that Dona Ana County should be held liable for negligent referral.. Thus, I will explain why it should have mattered that the former employer’s investigation was not able to confirm all of the allegations against Herrera. Finally, this paper will discuss the practical implications that the decision held, and if I am convinced by the court’s claim that this ruling should not make employers more reluctant to provide references.
This is the case of Davis v. The Board of County Commissioners of Dona Ana County. In this case, a mental health technician employed by the county was investigated for allegedly sexually harassing female inmates under his authority at a detention center. The investigation revealed inappropriate conduct and the technician was informed that disciplinary action would be sought at a hearing scheduled by the employer. The technician voluntarily resigned before the scheduled hearing. Upon his resignation, the employee asked for a letter of recommendation. Inexplicably the employer agreed , giving the employer a glowing recommendation. The employer was later hired by the psychiatric hospital where he physically and sexually abused a patient. The patient sued the county for negligent misrepresentation, claiming that the psychiatric hospital would not have hired the technician if the county had not given him a favorable recommendation.
What is the legal issue in this case?
The legal issue of this case is the cause of...