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Defamation

Guidelines to Consider

Errors and Omissions Liability Insurance

1. employee has right to review contents of personnel file

2. supervisor of employee has right to review contents of employees file

3. Only official and approved documents may be added

Ethical Responsibilities

Social

Ethical Considerations

4. Documents may not be removed without notifying employee

5. Contents may not be released to other parties

6. Contents are not to be discussed over the telephone

-to the staff

-to the profession

-personal responsibilities

Human Resources Administration

Negligence

Tort that involves injury as a result of conduct that falls below an established standard

In a tort lawsuit that involves a question of negligence, the court applies the standard of "reasonable person"

  • average intelligence, normal perception, and memory
  • superior skll and knowledge
  • same level of experience as defendent
  • same physical attributes as defendent

Implications for Small

and Medium-sized schools

  • legal firm or single attorney?
  • what are the financial resources?

Legal, Ethical, and Policy Issues

Contract Management

Litigation, cont.

Chapter 10

Master Agreement

  • terms are negotiated
  • individuals work under provisions of master agreement
  • contracts are more closely aligned to classified personnel contracts

Tort Liability

Sovereign Immunity

A civil wrong emmanating from common law

  • Litigants use a shotgun approach when identifying defendants
  • HR managers carry more vulnerability than other school district employees
  • Must be well informed about tort liability
  • Also, must establish HR processes and procedures that accomplish the objectives of the HR department

Major Divisions of Law

Criminal law is concerned with prosecuting wrongs committed against society

Common law principle that protects government officials from lawsuits resulting from the performance of their duties

Civil law protects the rights that exist between individuals; most litigation in HR management arise in this area

Individual Contracts

  • often a result of tradition, but mandated in some states, such as Missouri
  • must meet requirements of general contract law
  • 5 components
  • offer and acceptance
  • competent persons
  • consideration
  • legal subject matter
  • proper form
  • puts HR Administrator at greater risk for litigation

Sources of Law

Potential Areas of Litigation

  • Defamation of Character
  • false information is communicated
  • brings hatred of ridicule
  • produces some type of harm

  • May arise from giving references or communicating the contents of an individual's personnel file
  • Constitution
  • Statutes
  • Case Law
  • Administrative Law/Attorney General Opinion

Litigation

Ethics

Torts

Contract

Management

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