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Home » Areas of Practice » Labor Laws

Negligent Retention

Negligent retention | Attorneys for Orlando, Tampa, Fort Myers, Jacksonville and Miami

By definition, negligent retention means that an employer is responsible for keeping an employee on the payroll that is incapable of living up to the particular expectations of that job. 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.