Can an Employer Sue an Employee for Negligence

What Constitutes Employee Negligence?

Mary McMahon

Appointment: February 05, 2022

Health care facility staff members have a high level of responsibility when it comes to logging patient information fully and accurately. — Wellness care facility staff members have a loftier level of responsibleness when information technology comes to logging patient information fully and accurately.

Employee negligence is a failure to provide an expected duty of care to customers and employers that causes harm. For instance, a property manager has a responsibleness to respond to tenant complaints about wellness and prophylactic situations. If a tenant reports bad wiring and the property managing director does non act, he would be liable for amercement if the wiring caused a fire. Employers tin can sue for employee negligence, as tin customers harmed by the employee'south deportment.

If accountants and bank tellers don't abide by industry standards, they may be accused of negligence. — If accountants and bank tellers don't abide past manufacture standards, they may exist accused of negligence.

The duty of care expected from an employee varies by industry. In some industries, employees are considered highly skilled professionals, and their level of responsibility is much higher. The threshold of proof in employee negligence cases of this nature may be lower. Doctors and nurses, for example, have professional grooming that leads patients to put trust in them, and must behave with caution. Likewise, whatsoever employee with a fiduciary duty has a high duty of intendance, as customers put funds and financial information into the hands of these employees. Conversely, a retail clerk has less responsibility.

In employee negligence cases, it is necessary to establish that the employee's duty of care was clearly defined, and she breached information technology by acting negligently. In that location tin can be grey areas in such cases that sometimes make them challenging to prosecute. For example, an employee who accidentally sends information to an incorrect address may not necessarily exist acting negligently, only if that information should not have been sent out in the first identify, the employee breaches his duty of care and is liable for amercement if that information gets into the wrong hands.

Employee handbooks typically provide detailed information near duties and responsibilities. In the instance of wellness care practitioners, attorneys, and parties with fiduciary duties similar accountants and banking company tellers, the handbook may as well include guidelines from a professional system to remind the employee of industry standards. Employees who are not articulate on their responsibilities should enquire, as they could be found liable for negligence for declining to fully embrace their responsibilities.

When suits arise over negligence, consumers may sue an employer for alienation of duty, and the employer could potentially argue employee negligence, placing the arraign on the staff fellow member who caused the trouble. Employers can also sue their employees on an individual level for causing damage to the company, such as financial losses or a pass up in the company's reputation. Employees defending themselves in negligence cases may attempt to show that the alleged duty of care goes beyond reasonable expectations, or could argue that they were not properly trained, putting the responsibility back on their employers.

Mary McMahon

E'er since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a researcher and writer. Mary has a liberal arts caste from Goddard College and spends her free fourth dimension reading, cooking, and exploring the not bad outdoors.

Mary McMahon

Ever since she began contributing to the site several years agone, Mary has embraced the exciting challenge of being a researcher and writer. Mary has a liberal arts degree from Goddard College and spends her costless time reading, cooking, and exploring the great outdoors.