When hiring an individual, what do you worry about?
• First and most obvious—are they qualified for the position? Can they fulfill the duties? Because they might hurt
the business if they aren’t
• They are qualified, now look at back ground—criminal history (if they do, what is the severity of the crime?
• Criminal records not significant, now look at referrals—did they work hard? Did they show up on time? Were
they ever punished for something on the job?
• You interview them, you like them, you hire them
• 6 months later, he lashes out at a customer—you should have at least documented the conversation with the
referral to mitigate some of the liability
o Its not your fault you didn’t know because it was the referrals duty to inform you
Difference between being qualified and fit for a job: you could be a certified EMT but have terrible social skills and don’t
work well with the patients. OR Mike Rice, he was qualified for the job but he had anger issues that he couldn’t contain
• So how do you determine if someone is fit for the job?—in the interview, give them scenarios and ask them what
they would do
Participation agreement: a document outlining risk of the activity.
• Voluntarily agree to participate
• List of skills required for the activity
• Safety rules
• Explicitly state the nature and risks of the activity—keep it simple but clear
• Signature after each section to ensure that they acknowledge the important things
o Exculpatory language: “I_____ understand that football could potentially lead to...”
Waiver: asking the person to transfer liability (accepting responsibilities)—indemnifying you (I won’t su