Question: Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized. Willy was formerly employed by Rivera Industries as

  1. Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized.

Willy was formerly employed by Rivera Industries as a marketing manager. He was fired for sexually harassing 3 female administrative assistants, specifically inappropriate touching on several occasions. His termination came after he asked one assistant to work overtime and then cornered her in a supply closet after asking her to get supplies. The assistant pushed Willy away and called security, who escorted her from the building; the next day, the assistant reported the incident. Rivera Industries conducted an investigation that resulted in the other women coming forward.

As part of his severance deal, Willy convinced Rivera Industries' management to agree that if he received any requests for references, it would give him a good reference that was confined to his quality of work and make no mention of the reason for his termination. The head of Rivera Industries' HR department agreed and was contacted by several potential employers, including Miracle Marketers. Six months into his next job with Miracle Marketers, Willy sexually assaulted his co-worker Patricia after requesting that she work overtime. What liability, if any, does Rivera Industries bear for the assault on Patricia?

a.

Rivera Industries may have some liability to Miracle Marketers, but has no liability to Patricia.

b.

Rivera Industries could possibly escape liability to Patricia because Miracle Marketers should have performed a more thorough background check on Willy before hiring him.

c.

Rivera Industries, by agreeing to provide any reference at all, is liable for providing a negligent reference for Willy because the reference it provided was not truthful and honest.

d.

Rivera Industries has no liability to Patricia because it was entitled to protect itself against potential defamation claims by Willy because Rivera Industries had agreed to not mention the reason for termination.

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