It is common for most employers to behave in a reactive manner with respect to most workplace issues.
Employers typically seek advice when they have been sued or a lawsuit has been threatened.
Only occasionally do employers behave proactively, by seeking to understand how potential liability arising from workplace situations can be eliminated or minimized. It is likely most employers have never given the concept of vicarious liability a second thought. From time to time the acts of an employee will give rise to liability and a genuine claim for damages. It is not unusual, however, for the employee who misconducted himself to be unable to satisfy any award of damages. Accordingly, the victim may sue the employer, alleging that the employer is or should be vicariously liable for the acts of its employee.