Essay Lawsuit and Counseling

721 Words Nov 3rd, 2010 3 Pages
CASE EXAMPLE B: XYZ Counseling Agency, a Limited Liability Company, hired Chuck as an anger management counselor. Two months ago during a counseling session with a client named Wilbur, Chuck became very angry at Wilbur's failure to improve and beat up Wilbur. A week earlier, XYZ Counseling had counseled Chuck about an incident in which he grabbed a client by the arm and shook him. XYZ Counseling has a specific policy against violence and has disciplined employees who violate it, but it has never terminated anyone for such conduct. Five years ago, another counseling firm fired Chuck after he hit a client. Wilbur has sued XYZ Counseling Agency. (100 points)
In the above-mentioned case, the client is suing the counseling agency because he
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The counseling company was aware of this and still chose to let him work after a brief counseling session. The above-mentioned incidents would be very critical in establishing a case against the defendant on the grounds of negligence.
The defendant can put across the argument that they were well aware of Wilbur’s past behavior and that they had taken strict measures to rectify it. They can point out that such outbursts of rage are quite common in such fields, and that their company had a sound recruiting process where the applicant’s background was thoroughly checked and skills were thoroughly assessed. Chuck had not committed a felony, which was why the company deemed it reasonable to hire him despite Chuck having lost his previous job due to outbursts of rage.
The defendant can also argue that there was no proof that it was Chuck who started the fight. It could just as easily have been that Chuck attacked Wilbur on the grounds of self-defense.
Upon viewing both sides of the case I would award the lawsuit to the plaintiff Wilbur. He sued the company on the grounds of taking responsibility for its employee’s actions. The company clearly compromised the safety of its costumers by hiring Chuck despite being aware of his past work history. In addition, the company was negligent in that they let Chuck continue to work despite having a row with a client

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