Diligence with Employees Can Keep Your Facility Out of Court

Diligence in hiring, retaining and supervising employees can keep your fitness center out of court.

A former University of Tampa cheerleader, Heather Wienclawski, sued the University of Tampa after being raped by her male cheerleading coach, Thomas Hall. Hall sexually assaulted the former cheerleader after taking her to a bar to celebrate her award of an internship in Orlando. Hall was arrested the next day, and later pleaded guilty to the charge of sexual battery. He was sentenced to two years of community service and six years of probation. Following the disposition of the criminal charges, Wienclawski sued the University of Tampa for 1) negligent hiring, 2) negligent retention and 3) negligent supervision.

You may think that you don't have to worry about a problem such as this, since you check the qualifications of your personnel carefully. This, however, is a situation where failing to understand the legal meaning of the terms "negligent hiring," "negligent retention" and "negligent supervision" lands you in a liability minefield.

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