Litigation against employers continues to be a growth industry for lawyers. One-sixth of all crimes occur in the workplace; homicide is the number two cause of on-the-job death. Employers are being sued for negligent hiring and retention of dangerous employees. The law of Florida recognizes tort liability for both negligent hiring and negligent retention of an employee. Employers should be doing background investigations, subject to the limitations set by applicable disability discrimination laws, such as the ADA.

An employer may be liable for negligent hiring if a person is harmed by an employee, the employer knew or should have known through a reasonable investigation prior to hiring that the employee was unfit, and injury to the person was caused by the employee. If an employer becomes aware of a problem after hiring an employee, liability can be based on a negligent retention theory.

Employers should adopt and communicate a strong policy statement that violence is not tolerated–much like an anti-harassment policy. Employees should be required to report any incidences or threats of violence; give a list of conduct that should be reported, such as: noticeably erratic or abnormal behavior; threats or threatening behaviors; bringing or threatening to bring a weapon to the job; violent acts outside of work. An investigation procedure, with a statement that violation of the policy will result in disciplinary action, should be communicated. Inform employees of problem-solving resources such as employee assistance programs, insurance coverage for treatment, leaves of absence and internal grievance procedures.

Train supervisors in conflict resolution, effective communication, and the recognition of predictive behavior. Threats should be taken seriously. Security measures should be taken, especially in the case of employee terminations. Receptionists should be instructed how to handle potentially dangerous visitors.

For more information on this and other employment law issues, contact Omer Causey at 941-366-7550.

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