When you work for an employer, you expect that your employer has hired your co-workers with care, adequately trained them, and ensured a safe working environment. But what do you do when an employer does not do these things, causing damage or injury? This is where negligent hiring, supervision, or retention comes in.
In this article, you will discover what negligent hiring, supervision, and retention are, how they differ, how they occur in everyday life, and how victims can recover damages. It is vital for employees and employers to understand these concepts for proper workplace safety.
What Is Negligent Hiring?
Negligent hiring occurs when an employer fails to properly screen a job applicant before hiring them, resulting in harm to others. This could involve failing to perform background checks, ignoring red flags in a candidate’s history, or hiring someone without the necessary skills or qualifications for a position.
Key Elements of Negligent Hiring
- Duty of Care: The employer has a responsibility to ensure a safe workplace.
- Breach of Duty: The employer failed to take reasonable steps to screen a potential employee.
- Causation: The employee’s actions directly caused harm due to the employer’s negligence.
- Damages: The victim suffered physical, emotional, or financial harm as a result.
Examples of Negligent Hiring
- Hiring a delivery driver with a history of DUI convictions without checking their driving record.
- Employing a daycare worker without conducting a background check, only to later discover they have a history of child abuse.
- Hiring a security guard with a criminal record of violent offenses.
What Is Negligent Supervision?
Negligent supervision occurs when an employer fails to properly monitor and oversee an employee’s actions, resulting in harm to others. Even if an employee was properly screened and hired, an employer may still be liable if they do not take reasonable steps to prevent misconduct or unsafe behavior.
Key Elements of Negligent Supervision
- Employer Control: The employer has the authority to supervise the employee.
- Failure to Supervise: The employer did not provide adequate oversight.
- Foreseeability: The harm caused by the employee’s actions was reasonably predictable.
- Damages: The victim suffered harm as a result of the lack of supervision.
Examples of Negligent Supervision
- A retail store manager fails to monitor an employee who is known to be aggressive with customers, leading to an assault.
- A school fails to supervise a teacher with a history of inappropriate behavior towards students.
- A construction site supervisor allows an untrained employee to operate heavy machinery, resulting in a serious accident.
What Is Negligent Retention?
Negligent retention occurs when an employer knows or should have known that an employee poses a danger to others but continues to employ them. In other words, the employer becomes aware of an employee’s misconduct or unfitness for their role but fails to take corrective action.
Key Elements of Negligent Retention
- Awareness: The employer knows or should know about the employee’s misconduct.
- Failure to Act: The employer fails to terminate, reassign, or otherwise address the problem.
- Foreseeability: The harm caused by the employee’s actions was predictable.
- Damages: The victim suffered harm as a result of the employer’s inaction.
Examples of Negligent Retention
- A healthcare facility is aware that a nurse has been stealing medication but allows them to continue working, leading to patient harm.
- A restaurant keeps an employee with a history of harassing coworkers despite multiple complaints.
- A company is aware that a supervisor has been physically abusive to employees but takes no action to address it.
How Negligent Hiring, Supervision, and Retention Are Proven
To succeed in a legal claim for negligent hiring, supervision, or retention, the plaintiff (victim) must prove the following elements:
- Duty of Care: The employer had a responsibility to protect others from harm.
- Breach of Duty: The employer failed to meet this responsibility.
- Causation: The breach of duty directly caused the victim’s harm.
- Damages: The victim suffered measurable harm, such as physical injuries, emotional trauma, or financial losses.
Real-World Case Study
Take a look at a real-world case study about Negligent Hiring, Supervision, or Retention:
The Case of a Negligent Daycare
A daycare center hired a worker without conducting a background check. Unknown to the employer, the worker had a history of child abuse. One day, the worker physically assaulted a child, causing serious injuries. The child’s parents filed a lawsuit against the daycare for negligent hiring, arguing that a background check would have revealed the worker’s dangerous history.
Outcome
The court ruled in favor of the child’s family, stating that the daycare’s failure to perform a background check amounted to negligent hiring. The family received compensation for the child’s medical expenses, emotional distress, and other damages.
How Victims Can Seek Compensation
If you have been harmed due to an employer’s negligent hiring, supervision, or retention practices, you may be eligible to seek compensation for your losses. Compensation can include:
- Medical Expenses: For physical injuries or mental health treatment.
- Lost Wages: If you are unable to work due to your injuries.
- Pain and Suffering: For physical and emotional trauma.
- Punitive Damages: In cases of extreme employer negligence.
Filing a Claim: Step-by-Step Guide
- Consult with a Personal Injury Lawyer: An experienced attorney can evaluate your case and explain your legal options.
- Gather Evidence: This may include employment records, background checks, incident reports, and witness statements.
- Establish Negligence: Your attorney will work to show that the employer’s negligent hiring, supervision, or retention directly led to your injury.
- Negotiate a Settlement: Many cases are resolved through negotiation, but your attorney can take the case to court if necessary.
- Receive Compensation: If successful, you will receive financial compensation for your damages.
How Employers Can Protect Themselves
Employers can take several steps to avoid liability for negligent hiring, supervision, or retention:
- Conduct Thorough Background Checks: This includes criminal records, employment history, and reference checks.
- Provide Proper Training: Ensure employees are well-trained for their roles.
- Implement Clear Policies: Have strict policies for employee conduct and disciplinary action.
- Monitor Employee Behavior: Regularly review employee performance and address misconduct immediately.
- Respond to Complaints: Take employee and customer complaints seriously and investigate them thoroughly.
Why Legal Representation Matters
If you have been injured due to an employer’s negligence, having an experienced lawyer on your side is crucial. A skilled attorney can:
- Investigate your case and collect evidence.
- Prove that the employer was negligent in hiring, supervising, or retaining the employee.
- Negotiate a fair settlement or take your case to court.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
