As mentioned in the previous article; Liability for Injuries Caused by Your Employees (Part 1); employers will be held liable for injuries that were caused by their employee's negligent or careless actions.
It is your job to make sure that only skilled and qualified people will work in the company. If a worker inflicted harm to his co-workers, the company's clients, or anyone he encounters while he was acting on your behalf or was fulfilling his job duties, you may also be considered liable in the accident. This liability is covered by a legal theory known as respondeat superior.
Under this theory, you will be liable for injuries caused by your employees if you are guilty of:
- Negligent retention- As an employer, you are required to monitor the performance and condition of your employees. If you determined that they are no longer fit to do their job, you should take necessary steps in order to address the problem. You may be liable for an individual's injuries if you are already aware of the problem, but you failed to transfer the employee to another position or terminate him.
- Negligent hiring- You should be careful when screening applicants. Under the law, you will be liable for the victim's injuries if you still hired an applicant, though you know that he is not qualified for the vacant position.
You may avoid facing a lawsuit that is caused by negligent retention or hiring if you will do the following:
- Once you found out that your employee will no longer be able to fulfill his job duties, you should act immediately so that problems will not arise because of it.
- Be careful when screening applicants, especially if the vacant position will require them to work with many people. You will need to be strict in the hiring process if you are looking for an employee who will:
- Be required to deliver goods to different establishments or to a client's house
- Interact with special people like seniors, children, or those who are suffering from a disability
- Always conduct a background check when screening an applicant. In addition, you should verify all the information that he will include in his resume. Doing so will enable to determine who among all the applicants is truly qualified for the job.
For more tips on how to avoid facing a negligent retention and hiring claim, you can seek legal advice from a Los Angeles labor attorney.