A claim of “negligent retention” seeks to hold an employer responsible for the harmful actions of an employee. A personal injury case would prove the employer had sufficient warning about a risk the employee posed and should have terminated the worker before an accident could occur.
Businesses, companies, and corporations have a legal duty to consider the safety of customers, clients, and other employees when they hire, supervise, and choose to retain workers.
Negligent Retention Dangers in California
Employers can be held accountable for the negligent actions of an incompetent employee when they reasonably should have known of the hazard the worker posed.
A background check and references may not have uncovered a potential problem with an applicant for a job. However, once the hire has been made, the employer is still required to monitor the behavior of an employee.
If the conduct of the hire could be harmful to customers, the employer can be legally accountable for failing to remove that threat. When a business owner receives troubling information on the employee’s background that wasn’t available during the hiring process, employers are also required to take action.
If they delay in firing someone who has a propensity for creating hazardous situations, the business owner or a corporate entity can be held liable when accidents occur and leave someone injured.
Negligent Hiring in California
The legal concept of “negligent hiring” is closely associated with negligent retention. However, negligent hiring comes well before the point of negligent retention. An employer can take on an employee even though the history of the candidate shows the potential for harmful action towards the public or other employees. Information may have been available to business owners during the hiring process that reasonably should have made them aware of the risk the potential hire posed.
When the troubling candidate is hired and is allowed to cause an accident, the employer can be held fully responsible for the physical, emotional, and financial recovery of the victim.
The victim usually has better success trying to earn financial support with a claim of negligence against an employer. The employer usually has better insurance coverage and more funds overall than the employee who directly caused the harm.
Negligent Supervision in California
Once an employee is hired, negligent supervision can also play a role in an accident. A manager or business owner may leave a worker alone to perform a task or make a decision. The worker may not have the training to complete this task safely or may not have the experience to make a safe decision.
A customer can be hurt and reasonably expect a business owner to provide compensation for the lack of supervision that contributed to the accident.
It may be well established that an employee was too incompetent to handle certain duties or to be in charge of certain tasks. When an employer ignores these warning signs they can be financially responsible for any injury their negligence enables.
Contact a California Personal Injury Attorney
You visit a store or any kind of business looking to purchase goods or services. You likely don’t consider your own safety when you walk into any establishment. The business owner and managers are supposed to monitor your safety for you. They are legally responsible for providing a safe journey and surrounding you with employees that don’t engage in harmful conduct.
When you or a loved one are the victims of an employer’s negligence, contact Attorney Martin Gasparian, the founder of Maison Law. Mr. Gasparian provides a free case consultation to all victims. He will listen to you and go over every option you have to get help with your recovery. There’s no obligation and if he represents your injury claim, he doesn’t get paid until he wins your case.
