For example if a cleaning service employee working on customer premises steals property or assaults an employee of the client company, the cleaning service may be guilty of negligent supervision. Two ways to avoid this claim include training managers in proper supervision techniques and promptly responding to complaints about employee behavior. Negligent retention occurs when an employer is aware of or should have known that an employee has a history of violence or criminal behavior but fails to take appropriate action. This does not always require termination of the employee, a reassignment to other duties may be called for. Employers who are aware of inappropriate employee actions and who respond quickly to resolve them can substantially reduce their liability.
Disciplinary action designed to correct improper activity is appropriate.
Most employers have a policy in place for this, and enforcement of these policies is essential in these cases. It goes without saying that investigating the circumstances to determine the facts, and severity of the problem, is an important part of the disciplinary process. As with most employee issues, employers should always act swiftly to resolve complaints. Having effective hiring, disciplinary and investigation procedures in place is an important first step in ensuring proper response to the potential of workplace violence. Information in this column does not constitute legal advice.