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Negligent Hiring, Retention and Supervision: What is the Employer’s Duty of Reasonable Care?

publication date: Jan 6, 2014
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This article addresses The Changing Legal Landscape

  • Claims resulting from workplace violence, sexual harassment and similar transgressions have increased dramatically in recent years.
  • Damage awards under common law claims such as negligent hiring, retention and supervision (as opposed to a statutory claim under Title VII) are not subject to a cap.
  • Between 1983 and 1995, judgments arising from negligent hiring and related claims averaged $810,000 on a nationwide basis. Source: www.suttonassociates.com/insights “Negligent hiring: Employer Risk of Civil Suit on the Rise.”
  • Employers must become increasingly vigilant in their hiring, retention and supervision policies and practices.


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