Warren Thayer

A New Problem on the Horizon: Negligent Retention

February 23, 2010

FROM RETAILWIRE:
From a legal standpoint, most employers take pains to avoid hiring the wrong person: negligent hiring. Now, with turnover down because employees are staying in jobs just for the job security, the bigger problem could be negligent retention. How should retailers manage negligent hiring and negligent retention situations given the threat of lawsuits?      [more...]

This is a good article, and this is a big problem. Documenting everything is very important, with witnesses ideally, and then giving the offender prompt written notice of the offending behavior and its specific potential consequences, ideally once again with a witness in the room, and having the offender sign something saying he/she has received it and understands it (not necessarily agrees with it, but understands it). You'll probably get sued anyway, and you'll probably lose. There are people who make a living out of suing their employers, and, unfortunately, even with witnesses saying otherwise, they somehow seem to gain traction in the court system. The cards are all stacked against the employer. Don't expect that being right, and acting properly and with good ethics, is any sort of protection. The best thing would be working with your representative in Congress to get some of our absurd laws changed. That, and taking the potential for trouble very, very seriously.