Here’s another employer dilemma that will leave you shaking your head:  A recent decision against Orkin Exterminating Company determined that Orkin was legally liable when one of its employees returned to a customer’s house two days after providing pest control service, and raped the customer.  Could an employer really be held liable for this kind of employee misconduct?  The courts said yes, and awarded the plaintiff $125,000. 

Records showed that Orkin knew of the employee’s criminal tendencies, but allowed him to continue to work in a position that put him in personal contact with customers.  For this reason,  the court upheld the plaintiff’s suit of  “negligent retention.” 

The theory of “Negligent retention” means that an employer can be held liable for retaining an employee who is known to be unfit for his position.  Part of what makes this kind of employee problem touchy is the fact that a plaintiff only has to prove that the employer could or should have known that the employee was unfit

To limit your risk of being sued for negligently retaining a dangerous worker, take advantage of background checks we provide for reasonable cost.  In addition, watch for any danger signals including stress, fatigue, mental illness, carelessness, aggressive or abusive behavior, and substance abuse. 

If any of your employees is arrested or threatened with criminal action, be sure to contact our office.  We can help you obtain the legal advice you need.  While terminating an employee who is convicted of a crime is not always the answer, you need to be aware that there are times when this should be a consideration as a means of protecting your own interests.