A Company Hired a File Clerk, but Did Not Inquire

Multiple Choice

A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant.  If the waitress sues the employer, a court would most likely decide that:

A) the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday
B) the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person
C) the employer is not liable for negligent hiring because the employee did not assault the waitress on company property
D) the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job