HCBE Faculty Articles
Document Type
Article
Publication Title
American Journal of Business and Society
Publication Date
1-1-2016
Abstract/Excerpt
This article examines the common law tort of negligence in the employment sector and specifically in the context of hiring, supervising, and retaining employees. The tort, or civil wrong, of negligence can have serious consequences in employment. We differentiate the direct liability of the employer for its own negligence from the doctrine of respondeat superior which deals with the vicarious or imputed liability of the employer. A common law tort such as negligence can be preempted by a statute – federal or state – and especially in the context herein by superseding federal or state civil rights statutes or state Workers’ Compensation statutes. Based on the analysis and discussion of implications the authors provide several recommendations to help managers avoid liability for the tort or negligent hiring and/or negligent supervision and retention. First, general recommendations are made; and then recommendations specific to negligent hiring and negligent supervision/retention are supplied. The article ends with a brief summary and conclusion.
Volume
1
Issue
4
First Page
205
Last Page
222
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
NSUWorks Citation
Cavico, Frank J.; Mujtaba, Bahaudin G.; Samuel, Marissa; and Muffler, Stephen C., "The tort of negligence in employment hiring, supervision, and retention" (2016). HCBE Faculty Articles. 559.
https://nsuworks.nova.edu/hcbe_facarticles/559