How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
16 Employment Lawyers are Online Now

Negligent Retention

What is negligent retention? Negligent Retention is when an employer has failed to take appropriate action to remove an employee from their position after becoming clear that the employee is misusing their authority in a way that can becomes a danger to other employees, this can be considered negligent retention. Read below where Experts have answered the most commonly asked questions on negligent retention.

In the state of Wisconsin can a supervisor refuse to correct harassment inside and outside of work, also what documentation needed to be filed to prove this case and can a class action suit be filed?

The employee will need to prove that this behavior is either illegal or inappropriate by work standards, and that the supervisor has knowledge of this, has refused to act and correct this behavior. They will need to show that all of the employees are being affected by this harassment could be part of the lawsuit. Depending on the number of people that were affected by this harassment will depend on if this will be classified for a class action suit. When proving the harassment documentation will be to show that they have informed their supervisor and they have done nothing to stop this behavior. Even though the employer is not responsible to what happens outside of the workplace, they are responsible for keeping a safe work environment.

If an employee has been verbally abused by another employee, reports have been written and nothing has happened, if that employee that has created a hostile work environment is allowed to keep their job, what can the innocent employee do in order to hold onto their job as well?

In order determine a “hostile work environment” claim the employee will need to show that the other employee’s verbal attacks were based on either race, color, gender, age, religion, national origin or disability. When a co-worker is harassing another employee that is based on personal hostility or dislike, this does not mean that it is violating the government laws. On the other hand if the employer has noticed his harassment attacks towards other employees and has not acted upon it to take appropriate action to stop them, the employee may have a claim against the employer for negligent retention. This is considered a common law claim, and no agency will prosecute the innocent employee for filing this claim. They will need to bring the lawsuit up against the employer.

During a company function an employee was assaulted by another employee that was intoxicated. In the state of New York what can the employee who has been assaulted do?

In New York an employer cannot be held liable for their employee’s criminal acts. An employer can be held liable of negligent hiring, negligent retention, and negligent supervision but there are conditions to these. In order for these to take action, the employer had to know about the employee’s action for the conduct which caused any injury. If this was a onetime occurrence and the employer did not know of this then under the New York law the employer has no legal liability for the co-workers actions. They can sue the co-worker in small claims court for any material damages and any out of pocket medical expenses from the injury. They can also file assault charges against the co-worker with the police.

What should an employee do if they feel threatened by physical violence by their co-worker?

If an employee feels threatened by physical violence in the workplace they will need to immediately report this to the management or the employer’s human resources department. The employer should then investigate and take the correct actions to end the threats and remove this risk. If the employer fails to take the appropriate actions and the threats or violence continues, the employee can sue the employer for negligent retention of the co-worker. The employee will need to show that they employer was aware of these actions and violence, and they have filed to take the appropriate steps to discipline to terminated the co-worker and the employee has suffered harm.

What can an employee do if they were attacked by their supervisor’s family? Can the employee file for worker’s compensation?

The employee can file criminal harassment charges against the family for the harassment as well as a restraining order against them. As for the company, if they failed to take appropriate actions in order to stop this harassment, then the employee can sue the company for negligence in dealing with this situation, and negligent retention of the individuals. As for worker’s compensation, the employee can apply and receive benefits if they have a medical documentation of their work-related injury. Also, if the employee files for the benefits this should not be held against them in the future employment.

Many times in employment an employee feels either threatened or they are a victim of either verbal abuse or physical abuse. These employees have brought these actions to their employer’s attention, but the employer has failed to take the appropriate steps when dealing with these actions this can be a case of negligent retention. Contact an Expert if you feel your case is similar to this to get answers and insight on negligent retention.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
16 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21231
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21231
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18401
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8497
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3861
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)