Because employers are required by law to provide safe workplace and safe employees, employers could be held liable for negligent hiring and negligent retention.
In negligent hiring actions, the plaintiff argues that “but for the employer’s lack of exercising his duty of care before hiring the person who initiated the intentional injury, the victim would not have been harmed”.
In negligent retention actions , the employer is responsible for its failure to take appropriate action when becoming aware of the employee’s unfitness. For example, if employers should have reassigned, provided training and terminated the employees whom they know have violent tendency, the employers will be held liable for the damages of the victims.
In summary, employers must assess their liability for work-related violent incidents, and must take action to create a safer work environment. Failure to do so exposes them to lawsuits based on claims of negligent hiring and negligent retention. To avoid these problems, companies should implement a stringent pre-employment selection program, a zero tolerance policy that bans possession of weapons on company premises, and a workplace training program that addresses prevention techniques.