Posted by Cari on 4/25/10 6:18pm
Msg #333463

IMO, the following is why certain low baller SS and TC's

really should start respecting our profession, now more than ever, and start hiring (AND PAYING) the more experienced and competent NSA's what we are truly worth, in lieu of the least expensive (and potential liability) in experienced newbie nsa that'll work for $50 bucks:

"Although Vancura does not address the circumstance of independent contractor notaries, the case suggests that an employer has a duty to protect third persons from the potential harm attendant to the job of notarization regardless of whether the notary is an employee or an independent contractor.

While general agency law does not confer an affirmative duty on employers to train independent contractors, an employer may be liable under Restatement Agency subsection 213, if the employer entrusts a notarial service to an incompetent independent contractor."

AND

Cutter (cite below) demonstrates that an employer may be liable for failure to train under an agency theory. If fraud results from an improperly trained notary independent contractor, the victim of the fraud will likely file a claim against the employer. Even if the employer ultimately prevails in defending against such claims, it would spend considerable time and energy, as well as financial resources, in order to have the case dismissed. Thus, notary employers should adopt policies to ensure that their notary independent contractors are adequately trained and properly performing their notary services at all times.

Cutter v. Town of Farmington, 126 N.H. at 841.

Reply by JanetK_CA on 4/26/10 12:40am
Msg #333513

Unfortunately, XYZ will probably use that (and probably already is) to convince major hiring parties that it means that notaries should have their certification - as if that really meant that the notary was properly trained!

I like the concept in principle, though!

Reply by LisaWI on 4/26/10 8:45am
Msg #333526

Re: Oh, but they will......

they will train them in after the fact and train them how to do things "to fix" the error. In other words, maybe illegal actions. And I think the philosophy of "train them in our way" applies here.

Reply by CJ/Alaska on 4/26/10 1:10pm
Msg #333547

'Get what ya pay for!'

These SS websites promise to find you a Responsible, experienced Notary to suit your needs.. I suppose that could be turned around on them in court, when the victim notary is subpoena'd - and they have to tell the courts, "They said they would only pay me $50.." it would show intent to the courts that the service was not looking for the Best notary, but looking for the one who would do it for the least amount of money..
I'd like to see this used against these bottom feeder companies..
THEY think they deserve to make money, but we don't ?