What is a negligent retention?

What is a negligent retention?

What is negligent retention? Negligent retention occurs when an employer fails to take appropriate disciplinary action (i.e., termination) against an employee that the employer knew or should have known was unsuitable and the employee’s actions cause harm to others.

Can an employer be held liable for negligent hiring?

Under the doctrine of negligent hiring, an employer is liable for harm its employees inflict on third parties when the employer knew or should have known of the employee’s potential risk to cause harm, or if the risk would have been discovered by a reasonable investigation.

Why should an employer be concerned about negligent hiring and retention?

Negligent Retention Failing to take action against an employee known or suspected to pose a risk of harm to co-workers, customers, and others can expose an employer to liability for actual injuries, pain, suffering, and even punitive damages.

What is negligent hiring?

Negligent hiring is a legal claim made against an employer. It is made by an individual (i.e., employee or customer) who is injured by an employee with a history reflecting similar incidents. The negligent hiring claim argues that the employer knew or should have known their history before hiring them.

What is negligent hiring and how can it be avoided?

To avoid potential negligent hiring claims, an employer should fairly and thoroughly verify claims and check employee backgrounds. Employers should check employment and personal references, verify employment history, and attempt to speak with former supervisors.

What is the best way to avoid negligent hiring charges?

How Can Employers Protect Themselves from Negligent Hiring

1. #1 Do research on your employee.
2. #2 Don’t recruit the first candidate you find.
3. #3 Do a screen, interview, and conduct a pre-employment test.
4. #4 Check with the past employers.
5. #5 Enforce drug testing.
6. #6 Perform credit reports.

What is an example of negligent hiring?

Negligent Hiring Example: Company does not do a background check on an applicant who was previously charged with assault. This individual assaults a fellow employee in the workplace, and their criminal record is revealed after the fact.

How is negligence determined?

Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of “negligence” the careless person will be legally liable for any resulting harm.

What leads to negligent hiring?

Negligent hiring claims arise when (1) the employer knew or should have known (had the employer exercised ordinary care) of the employee’s unfitness at the time of hiring, and (2) whether that foreseeable unfitness was the cause of the resulting injuries. The standard for liability varies among the states.