Davis V. the Board of County Commissioner of Dona Ana County
Davis v. The Board of County Commissioners of Dona Ana County
Introduction
Under New Mexico common law it was determine that employers owes prospective employers and predictable third person a duty of reasoning not to misrepresent facts when giving recommendations about former or present employees (Walsh, 2010). This case will address the legal issues and findings why the court of law concludes that Dona Ana County is liable for negligent referral. Additionally, a summary will be given about the former employer’s investigation and how it was not able to confirm all of the allegations against Herrera? Finally, this case will inform you about the practical implications of the decisions and explain if the writer is convinced by court’s claim that the ruling should not make employers more reluctant to provide references?
What was the legal issue in this case?
The legal issue in the case of Davis v. The Board of County Commissioners of Dona Ana County elaborates where a person provides a recommendation to a prospective employer of another is destined by the actions of the said employee (Walsh, 2010). This case implicates a constructive, but improper, letter of recommendation for Joseph “Tinie” Herrera stating that he is an employee of great charm and ethics. Joseph had formerly been in a job at the Dona Ana County Detention Center where his demeanor was being interrogated. He was under examination for expending his ability as detention sergeant and organization officer to sexually pursue women prisoners at the detention center. Shortly after, Joseph was faulted in a document written by Steele, for expending his power over the women to get sex in exchange for distinctive treatment. However, Steele job was to discipline Herrera so he did. Joseph was placed on deferment without pay, devaluation in rank, and a possibility of relocation away from his litigants. Thereafter, Steele informed Joseph on April 5, 1994 that April 12th would be the date he makes those acquisitions (Walsh, 2010).
Joseph Herrera steps down before the suggested reprimand could be given to him. However, six days later, Steele wrote an extraordinary, but faulted letter of recommendation to a potential employer of Herrera (Walsh, 2010). The letter specified how Herrera executed social programs for the inmates with imagination and imagination (Walsh, 2010). The letter went on to conclude that the Detention Center would undergo because of his parting from the facility. What Steele did not mention was the allegations that were filed against Herrera which was misleading and condemned. Due to lack of unveil information, MVH employed Herrera where he continue his actions.
Why does the court conclude that Dona Ana County could be held Liable for negligent referral?
According to Paul, negligent referral is when an