Is the Personnel Worker Liable?

Abstract

With the purpose of resolving some of the questions concerning the legal liability of personnel workers, the two kinds of liability, criminal and civil, are discussed with their implications of negligence. Review of relevant statutes and/or court decisions from 1839 to the present point up the fact that although the state college or university itself, as a government institution, is generally shielded by the state's sovereign immunity, the personnel worker has always been and continues to be liable for his own negligent acts. Medical care, transportation and privacy of communication are discussed as particularly important aspects of personnel work and their inherent dangers as pertains to liability for the personnel worker are pointed up by legal precedence. The lack of protection by the state and of the clarification of “safe” behavior in these areas make it imperative that the prudent personnel worker protect himself against possible legal suit. He needs be knowledgeable of his legal position and, in addition, protect himself by considered behavior.