Employment Law Questions? Ask an Employment Lawyer.
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In order to prove employee negligence, you would have to show the following:
1. the employee knew of the rules that wee violated
2. the company took precautions to make sure employees were aware of the rules
3. The employee disregarded the rules or intentionally violated the rules
4. The employer at the time had no control of the employee or his actions
If you have any further questions please do not hesitate to ask
If you had any checks in place to verify the employees procedures or safety precautions you should mention this as well,
The key is to make sure that you argue he was not in your control at the time.
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