When an employer has knowledge of, or should have known about the propensity of an employee to harm or injure other members of the workforce or the public, they can be held liable for “negligent retention.” Depending on the circumstances, employers can also be liable for negligent supervision and negligent hiring. Liability can rest on the employer based on the argument that the injury would not have occurred if the employer had not placed the employee in a position where they could cause the injury.

Potential or existing new hires expect their employers to examine their background, often with an official background check that reveals any criminal record. Employers conduct these checks to ensure potential employees are a good fit for the position and also don’t present a future danger to the company, its employees, and its customers.

However, unfortunately at times employers fail to exercise due diligence in screening new employees or evaluating existing employees. When they are negligent in these matters, other employees and customers are placed at risk for potential injury or harm.

Negligent hiring and employment retention

A negligent hiring claim places liability on the employer for any harm stemming from the employer’s negligent act of employing people who pose a risk of harm to others.

In evaluating a claim of negligent hiring and retention, the court will evaluate whether the employer used reasonable care in hiring or retaining an employee for specific work duties. Certain negligent retention claims place liability on the employer when the employer places an employee in a position in which he or she can commit a wrong against a third party, and the employer knows or should have known the employee’s predisposition to commit that wrong.

Taking legal action against an employer

The courts in Tennessee recognize an employer’s potential negligence in choosing and retaining employees and independent contractors. As a plaintiff in one of these cases, you may recover compensation from damages arising out of negligent hiring, retention, or supervision of an employee. In order for the claim to be successful, you must establish that the employer knew of the employee’s unfitness for the position or work task.

The ability to sue an employer for negligent hiring or negligent retention also applies to what an employee (the one causing the harm) does outside of the scope of his or her employment. This legal right to take action against the employer may be used to hold that employer responsible for violent criminal acts perpetrated by an employee/worker “on the clock”, such as murder, rape, or theft.

However, an employer can only be held responsible if they acted negligently – this means they knew or should have known that the individual (job applicant or current employee) was unfit for the job, and the employer hired/retained the individual regardless.

Filing a negligent employment retention plan can be complicated. However, at Delius & McKenzie, PLLC, our experienced Sevierville attorneys have the experience, skills, and resources to ensure your rights are protected. To schedule a free, no obligation consultation, complete our contact form, or call us today at 865-428-8780. We serve clients in and around Sevierville, Pigeon Forge, Seymour, and Gatlinburg, TN.