Case: Macon V. Braum’s, Inc., No. 12-23-00083-CV, 2023 WL 8659244 (Tex. App.—Tyler Dec. 14, 2023) (Mem. Op.)
If you or someone you love has been injured by a coworker or while at work, speaking with a New Mexico employee’s rights lawyer can help you to decide what your next steps should be.
The Short Story
Parents of a minor employee sued a retailer for negligent hiring after an off-duty assault by a salesclerk. A background check would have shown the clerk was a registered sex offender.
What The Court Decided
The court held retailers don’t generally have a duty to run criminal checks for ordinary sales jobs. Contrast that with roles like massage therapists where clients are especially vulnerable.
What This Means For Texas Employees
If your role gives special access to vulnerable people (childcare, health, personal services), employers may have heightened screening duties—important if you were harmed by a co-worker.
If you have questions about this case or other employee rights issues, the dedicated team at Davie & Valdez P.C. is here to help. We offer free consultations and work on a contingency basis. This means that if we don’t win your case, you do not have to pay us anything.