Questions for Employers to Know Liability for Employee Misconduct

employee relations

We’ve all heard the phrase, “nobody’s perfect.” Every single one of us has made a mistake, gotten into an accident, or at least thought of doing something that most would consider bad at some point in our lives. Your business’s employees are no exception. You may encounter a situation when they do some damage to your property, other employees, or other people in your community. How would you know if you’re going to be responsible for their actions, as their employer? Here are a few questions that can clear things up for you.

Did They Do It on Purpose?

One of the factors that affect who is liable in the case of employee misconduct is their intentions. You need to know if your worker performed their actions deliberately or by accident. When it comes to intentional acts, it will still depend on a few other factors, but generally, at least part of the responsibility will fall on them. Whether accidents will be your responsibility or not will also depend on certain other elements, but you should be prepared to accept liability. No matter if it’s harassment ora car accident injury, an attorney will be able to help.

Did They Do It While Working?

Generally speaking, you would need to know if they’ve been doing their job while it happened. Because if they are, you’re likely to be the one responsible. For example, if one of your delivery people accidentally hit someone while they were on the way to the customer, you would be liable. On the flip side, even if they were using company property, they would be responsible if they were doing something personal, like playing games or commuting to and from the workplace, while the event happened.

Were You Aware?

workplace argument

This question is not just about being aware of what they’ve done. That is, in fact, more about knowing what they could do back when you’ve hired them. For example, let’s say that you’ve recruited this guy who is now harassing a female co-worker or customer. If, say, you saw in their record that they’ve already done this sort of thing before, then you will be called out as being negligent. But if through your thorough hiring process, there were no signs of this sort of behavior, then they are likely to be at fault.

Did You Make an Effort to Fix It?

Related to the previous question, this means that if you were aware of the employee’s or the workplace’s issues, you need to be able to tell if you’ve made an effort to solve problems. Of course, you’ll be made responsible if you didn’t. And let’s not even start on whether you were partly behind the issue or if you’ve ignored it.

In general, the employer is liable when accidents occur while the employees are doing their job, as well as when they show that they were aware of the potential danger but just ignored it. Some other circumstances may affect this outcome, and it would be best for you to consult a lawyer regarding this issue. They can help you prepare yourself for what may happen if any legal action needs to be done.

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