An employer has the obligation to ensure that the workplace is safe and that the rights of his or her employees are respected at all times. When an employer fails to deliver such rights, he or she can be accused of employer negligence. Such an offense is a violation of tort law and can be attributed to 4 basic areas that an employer oversees: hiring, retention, supervision, and training.
In order to prove that employer negligence was committed, 3 elements must be fulfilled. First, the plaintiff must prove that he or she was owed a duty of care. This involves an employer adhering to a standard of reasonable care in performing or exercising his or her duties without fear of harming another. Second, it must be proven that this duty was breached. Lastly, third, it must be proven that the individual has suffered damages or injuries as a result of this breach.
Employer negligence may appear in one of the 4 areas mentioned. Negligent hiring is done when an employer abuses or misuses his authority to employ individuals who can constitute as a risk to other employees or one who would render the workplace as unsafe. An example of this would be the hiring of a person charged with sexual assault and prior knowledge of this by the employer. Negligent retention involves the inability of an employer to strip another of his or her position if he or she has been proven to be a danger to others. Negligent supervision refers to the inability of an employer to control the actions taken by his or her employees, while negligent training involves a form of negligent retention or supervision in that the employer is unable to account for the actions taken by his or her employee despite training.