Employer's Duty to Give Reasonable Warning to a Customer About a Fired Employee
Is it the Duty of the Employer to Give Reasonable Warning to a Customer About a Discharged Employee if He had Earlier Gained Entry Into Her House on the Employer's Business ?
In Coath v. Jones, 277 Pa. Super. 479, 419 A.2d 1249 (Pa. Super. 1980) a former employee raped the plaintiff in her home after gaining entry by representing he was on the employer's business.
This Court stated:
If the employer were negligent in selecting the employee as an employee and if it were foreseeable by the employer that the employee even though he was discharged as an employee, could attack a customer because he had, on a previous occasion, been admitted to her home on the employer's business, then there would exist a special relationship between the employer and the customer and a duty on the employer to give reasonable warning to the customer. 419 A.2d at 1251.