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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.
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