Rosemary Hayne, 39, otherwise known as #Chipotle #Karen, was recently found guilty of assault by an Ohio judge after hurling a hot burrito bowl at the employee who served her food. Police tracked her down through her on-line order and made the arrest. The victim, a 26-year-old store manager who had been a 4-year employee, said that she was traumatized by the assault and eventually resigned.

Judge Timothy Gilligan gave #Karen the choice of serving 180 days in jail (with 90 days suspended) for her crime or working 20 hours per week for 2 months at a fast food restaurant. She chose the restaurant gig. Judge Gilligan told Fox Station WYW in Ohio that he was inspired to give the perpetrator the chance to see the world through her victim’s eyes. “I thought, ‘Why should the city taxpayers pay for her and feed her for 90 days in jail if I can teach her a sense of empathy?’” Word has it that she recently quit.

Employers have a legal duty to provide reasonable protection to their employees and the general public from workplace violence. The federal Occupational Safety and Health Act (OSHA) has a “General Duty Clause” that requires employers to furnish to each employee a place of employment free from recognized hazards that are likely to cause death or serious physical harm to employees.

Hiring someone with a record of assault who becomes violent in the workplace can potentially create liability for the employer under the theory of negligent hiring and retention. This is premised on the notion that the employer knew, or should have known, of an applicant’s propensity to engage in violent behavior based on their criminal history, but the person was hired nonetheless.

According to Second Chance Business Coalition, a group of large private-sector firms committed to expanding second chance hiring and advancement practices of persons with criminal histories within their companies, nearly 80 million Americans (a quarter of the U.S. population) have a criminal record. Only 3% of managers surveyed say they actively seek candidates with criminal records in order to offer them a second chance.

If you were the hiring manager, would you want to bring someone into your workplace who has a criminal record for a violent crime? Would you be willing to hire #Chipotle #Karen?

For guidance about hiring decisions at your workplace, contact an RKW employment lawyer.

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