April 22, 2012
Business Employment Law - HRM 510
Dr. Zelphia A. Brown, SPHR, Instructor
Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana Text County 1. What is the legal issue in this case? The case of Davis versus The Board of County Commissioner of Doña Ana Text County is a case that explores the issue of making negligent employee referrals to prospective employers. Joseph Herrera was employed by the County of Doña Ana Text County Detention center as a detention sergeant (Walsh, J 2010). During his tenure at the detention center, Joseph Herrera was accused of inappropriate sexual behavior with inmates through sexual overtones or his desires to have sex (Walsh, J 2010). Upon time to investigate said complaints, Herrera resigned (Walsh, J 2010). Herrera later asked his supervisor, Frank Steele, to write him an employment recommendation to present to potential employers (Walsh, J 2010). Frank Steele did just that; the written referral did not state any or allude to any of the allegations at hand (Walsh, J 2010). The recommendation highly referred Herrera as if nothing happened doing his tenure at the detention center (Walsh, J 2010). 2. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? The court concludes that Doña Ana County should be held liable for negligent referral or misrepresentation because they have a choice to stay nothing or to not make the referral (Walsh, J 2010). Instead, the supervisor, Frank Steele decided to put a recommendation in writing, on county letterhead (Walsh, J 2010). The recommendation sang Herrera’s praises versus stating he resigned right after it was announced they were going to investigate him for the accusations (Walsh, J 2010). The county has a right to protect both future employers and future victims in this case (Walsh, J...