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What is employer negligence?

If you are a California worker who has been injured in a workplace accident, you may wish to sue your employer for negligence. As Findlaw.com explains, a basic negligence suit requires that you be able to prove the following three things:

  1. That your employer owed you a duty
  2. That your employer breached that duty
  3. That you were hurt or otherwise damaged as a result of that breach

There are four different types of employer negligence. Each of them is a potential way to prove that your employer breached its duty to you.

Negligent hiring

Your employer has a duty to use reasonable care in its hiring practices and procedures, such as performing adequate background checks of job applicants to make sure they are not potential threats to the public, their fellow employees or the general workplace. Should the acts of an employee cause you injury or property loss, it is possible that your employer did not sufficiently screen him or her before hiring.

Negligent training

Your employer has a duty to properly train its employees for their jobs and the tasks they will be performing. Should the acts of an employee cause harm or damage to someone, the company could be held liable. For instance, a Walmart store was held liable for failing to properly train its employees when some of them accused a customer of shoplifting and detained him with no reasonable cause.

Negligent supervision

Your employer also has a duty to properly supervise its employees. This includes having and assigning supervisors to reasonably monitor and control the actions of all employees.

Negligent retention

Your employer has a duty to take corrective action once it learns that an employee is not fit to perform the job for which he or she was hired. Such action might be such things as reassigning or even discharging the employee should he or she commit harmful acts outside the scope of employment.

This is general information only and is not intended to provide legal advice.

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