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CategoriesWhat Is Negligent Hiring and Negligent Retention?
Employers in Missouri have a responsibility to create a safe environment for their employees and customers. While this can mean implementing security protocols and providing adequate training, it also includes adopting safe hiring, supervision, and retention practices.
Nationally, violent and sexual assaults are the fifth leading cause of work-related deaths. From 2021 to 2022, 57,610 workplace attacks led to days away from work and job restrictions or transfers.
Both employers and employees should understand negligent hiring and negligent retention. This can help you create a safer company environment or protect your rights as an injured employee.
What Is Negligent Hiring?
Negligent hiring occurs when an employer doesn’t properly check a potential employee’s background before hiring them. The employer could be liable if this employee later harms someone at work, like a coworker or customer.
The employer is expected to foresee any risks based on the employee’s history. Issues often arise from not checking references, failing to verify past employment, or skipping necessary criminal background checks.
Example Scenario: Negligent Hiring
A nightclub hires a new security guard without conducting a background check. Unknown to the nightclub, the security guard has a history of sexual assault convictions. Shortly after being hired, the guard commits a sexual assault on a patron at the venue.
The victim sues the nightclub for negligent hiring, arguing that a basic background check would have revealed the guard’s criminal history, preventing the hiring and subsequent assault.
What Is Negligent Retention?
Negligent retention occurs when an employer continues to employ someone despite knowing or having reason to know that the employee poses a risk to others. If this employee later causes harm, the employer can be liable for not taking appropriate action, such as disciplining or dismissing the employee.
Common examples include an employer ignoring complaints about an employee’s behavior, or failing to address issues revealed through performance reviews or disciplinary records.
Example Scenario: Negligent Retention
A corporate office retains an executive who has been accused of sexual harassment by multiple colleagues over several years. Despite these accusations, the company conducts only cursory investigations and takes no substantial disciplinary action against the executive.
Eventually, the executive commits a serious assault against a coworker at a company event. The victim sues the company for negligent retention, arguing that the company was aware of the executive’s history of inappropriate behavior yet failed to take adequate measures to prevent further incidents.
Legal Consequences for Businesses
If an individual is assaulted in the workplace, they can file a civil claim against the employer for damages, claiming negligent hiring or retention. Possible consequences to the company can include:
- Liability for Damages: Employers can be required to pay substantial sums to cover medical expenses, lost wages, and emotional distress for victims harmed by an improperly vetted employee. These settlements or judgments can impact a company’s finances.
- Damage to Reputation: Incidents due to negligent hiring or retention can attract negative media attention and public scrutiny. This can erode customer confidence and loyalty, potentially leading to a decline in business and difficulty attracting quality employees.
- Regulatory Penalties: Depending on the industry and the nature of the offense, employers may face fines or sanctions from government regulatory bodies. Failure to comply with labor safety standards or employment laws can trigger investigations and penalties, compounding financial and reputational damage.
How to Prevent Negligent Hiring and Retention
Preventing negligent hiring and retention can protect businesses from legal liabilities, financial losses, and damage to their reputation. The following proactive measures can ensure a safer workplace and foster a trustworthy organizational environment:
- Implement Thorough Background Checks: Employers should conduct comprehensive background checks on all potential hires. This process should include verifying employment history, checking references, and conducting criminal background checks. By thoroughly vetting candidates, employers can identify potential risks before making a hiring decision.
- Regular Performance Evaluations: Regular performance evaluations help employers monitor employee behavior and job performance. They can identify issues or concerns early, allowing employers to address them before they escalate into more severe problems.
- Maintain a Clear Policy for Handling Complaints: Implement a clear, well-documented policy for handling complaints of employee misconduct. Policies should outline the steps for reporting, investigating, and resolving complaints. Ensure employees and customers are aware of and understand this policy and encourage them to report misconduct promptly.
- Provide Ongoing Training: Provide regular training for managers and HR personnel on issues related to negligent hiring and retention. Training should cover legal requirements, best practices for employee management, and strategies for identifying and addressing potential risks. Educated and vigilant management can reduce the risk of negligent hiring and retention.
Protect Your Rights With Professional Legal Help
If you or a loved one has been assaulted or harmed by a company employee, seek legal assistance. At Cofman Townsley, our experienced Missouri personal injury lawyers specialize in these civil assault cases. We can help you understand your legal options, communicate with the negligent employer, and protect your right to file a claim for damages.
Contact us today for a free consultation.