After noticing some items stolen from the store, a manager asked an employee, Frank, to take a polygraph test. Frank refused, claiming that he did not steal anything. Frank also reminded Jeff that he did not have access to the area where the stollen items were kept. Jeff fired Frank because he refused to take the polygraph test. Frank intends to file suit. Determine how the suit would be filed. Set forth the legal basis for the suit. Assess the likelihood that Frank will prevail in the suit. Include applicable law in your analysis.
Hal's security company hired three temporary workers through an outside temporary employment agency called Deb's Temps. Hal didn't ask if background checks had been done on the employees. Deb did not check the criminal records for the workers hired by Hal. One of the workers had been convicted of burglary and had just recently been released from prison. While working for Hal, he burglarized the owner of the home. Determine who the owner should sue and the legal basis for the suit. Assess the likelihood of the owner prevailing. Analyze what should have been done, from the employer standpoint, to avoid the potential for liability. Integrate applicable law into your response.
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