Questions: Questor Computer Company employed seasonal workers during a particularly busy time but failed to perform any background checks on these seasonal workers. One of the workers was convicted of assault. While working at Questor that employee hits another employee during an argument in the lunch room. Which of the following claims can the victim make against Questor Computer Company? a. Misrepresentation of facts b. Defamation c. None, as employers are not liable for the actions of employees. d. Negligent hiring

The answer is D: Negligent hiring.

Explanation for each option:

a. Misrepresentation of facts: This claim is not applicable in this scenario. Misrepresentation involves providing false information or omitting important facts to deceive another party. In this case, there is no indication that Questor Computer Company misrepresented any facts to the victim.

b. Defamation: Defamation involves making false statements about someone that damage their reputation. There is no indication in the scenario that Questor Computer Company made any false statements about the victim or the employee who committed the assault.

c. None, as employers are not liable for the actions of employees: This statement is incorrect. Employers can be held liable for the actions of their employees under certain circumstances, particularly if the employer was negligent in hiring or supervising the employee.

d. Negligent hiring: This is the correct claim. Negligent hiring occurs when an employer fails to conduct a reasonable background check on an employee, and that employee subsequently causes harm that could have been foreseen. In this case, Questor Computer Company did not perform background checks on seasonal workers, and one of those workers, who had a conviction for assault, committed an assault at work. The victim can claim that the company was negligent in hiring the worker without conducting a background check.