Hot Hiring Hint from Mel Kleiman: Are You Guilty of Negligent Retention?

Everyone familiar with Negligent Hiring issues does their best to keep them at bay by conducting thorough pre-employment background, reference, criminal, and drug checks. But are you guilty of Negligent Retention? Case in point…

In a decision by an appellate court in Illinois, a supermarket chain was found liable for the negligent retention of a manager for the chain who stopped by his store while off-duty and allegedly “under the influence.” When he saw a teenage boy urinating on the side of the building, he chased the boy to a car and shouted obscenities at the boy's mother. He then pulled a 4-year-old boy out of the car and threw him through the air. The boy spent four days in the hospital and required medical attention for a month. The jury awarded the child $150,000.

After pre-employment checks prove clean, employers must still be vigilant about monitoring and documenting employee behavior and taking appropriate action. Fits of temper, drug abuse, mental problems and the like put both employees and customers at risk and the company can be held accountable. Should this situation arise, seek competent legal advice.

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