When an employer fails to remove an employee from a position of authority after it became clear that the employee misusing that authority in a way that poses a danger to others, it may be considered negligent retention. If the employee is found unfit for their role, the employer is liable for examining why this is the case and taking appropriate action to address the weakness. For instance, if an employer had been informed through rumors or sufficient evidence that an employee was sexually harassing another, it would be their duty to get to the bottom of the disturbance and respond accordingly.
As a result, any indication that would lead a rational person to believe that an employee is enough of a nuisance that it negatively impacts their job and/or those around them should be quickly dealt with. Once an employer is convinced of the problem, they must conduct a fair investigation and, if need be, a reasonable intervention. In the majority of negligent retention cases, reasonable intervention usually warrants taking the appropriate action to hinder the possibility of the event happening again.
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