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Life Business and Money - When Things Go Wrong With Employee

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Steven Kay

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In my last post, I discussed how an employer can be held legally responsible for the actions of its employees under the theory of respondeat superior.  Under that theory, the employer is held vicariously liable simply as a result of the employer/employee relationship.  It does not matter that the employer was not at fault for the employee’s negligence.  In this post, I discuss how an employer can be held legally responsible for the negligence of its employees; however, in contrast to vicarious liability imposed by the employer/employee relationship, here the employer is found directly responsible for the employer’s own negligence.  Thus, the employer’s need to adequately vet, supervise and train its own employees, as well as the need to implement sound policies and procedures, is especially significant to prevent liability.
 
 
 
 
Disclaimer:  The topics and discussions by Alicia Matsushima on LBM constitutes general commentary only and is not to be construed as legal advice or creating an attorney-client relationship.

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