The law requires employers to exercise reasonable care in the hiring, retention, and supervision of their employees. When someone is hurt or has their rights violated because an employer did not adequately supervise its employees, the employer may be held responsible for its negligence. The experienced trial attorneys of The Cochran Firm’s Washington, D.C. office can help you get the compensation you deserve if you were the victim of a company’s negligence in hiring, retaining, or supervising a problematic employee.
Negligent hiring, retention, and supervision lawyer in Washington, D.C., Maryland, and VirginiaThere are two important aspects when examining if a claim of negligence in hiring may be brought against an employer due to injuries suffered at the hands of one of its employees:
Whether or not the employer knew or should have known the employee was unfit to perform his or her duties.
Whether the employee’s particular unfitness caused the damages in question.
Employers can usually discover if someone is fit for a job by conducting a background criminal check on that prospective employee. If, after conducting a background check, an employer still extends employment to an individual shown to have a proclivity to behavior that may endanger those around him or her, the employer may be held responsible if the damages inflicted were a result of the known behavioral predisposition.
An example could be a plumbing company hiring an individual despite discovering a criminal conviction for theft. Should this individual go on to steal from a client, the employer may be held liable for negligence in hiring since they allowed this employee to gain access to someone’s home even though the employee’s criminal history was known. In this example, the employer could be held responsible for negligence in hiring even if a background check was not conducted because the employer had a reasonable duty to investigate the potential criminal history of its employee since it was allowing them access to sensitive areas.
Negligence in retention occurs when an employer fails to remove an employee or otherwise terminates employment after the employee has engaged in improper conduct. Once an employer becomes aware of an employee’s problematic behavior or actions, the employer has a duty to ensure the potential for harm is addressed.
For example, a plumbing company screens a candidate and finds no criminal history. During the course of his employment, this new employee is arrested for theft and despite this knowledge, the employer retains his services. If this employee goes on to steal from a client’s home or office, the employer could be held liable for negligent retention since it was aware the employee was under indictment for theft and continued to allow him access to areas where theft could occur.
Claims of negligence in supervision (also known as negligence in training) arise when an employer fails to oversee the conduct or training of an employee who causes harm. Negligence in supervision can also occur when an employer fails to remedy an employee’s behavior causing harm to those around him or her.
One example of negligence in supervision could be a plumbing company hiring an apprentice plumber with little experience. The employer has a duty to reasonably understand what sort of assignments the apprentice employee is capable of and should assign them accordingly. If this apprentice employee is given an assignment beyond his or her training or without proper instruction by a supervisor, the employer could be found liable for negligence in supervision should that employee cause damages to the client in the course of performing the assignment.
The Cochran Firm’s Washington, D.C. office has a team of dedicated and experienced personal injury attorneys who have the resources to investigate claims of negligence in hiring, retention, or supervision of an employer. Whether you were hurt on the job by a coworker, in your home by a contractor you hired, had your privacy invaded by an employee, or anywhere else you believe an employer failed to practice its due diligence to protect your safety, we can help. We offer free, prompt, and confidential case evaluations, so please fill out a contact form or call us at 202-682-5800. Because strict time deadlines may apply in filing a claim of negligence in hiring, retention, or supervision we suggest you contact us at your earliest convenience in order to preserve your rights.