An error, negligent act or omission of duties in the work environment may result in professional liability against the employer, not the employee. This may have legal standing even if there was no intent by the employer to cause harm. This may seem unfair; however, two basic concepts may cause professional liability.
In most cases, employers are considered responsible for directing employee behavior on the job. Consequently, employers have a shared responsibility for good and bad behavior. Since an employer can reap the rewards of employee labor – i.e. profits – that same employer has a legal liability if employee behavior causes harm.
Another reason employers are subject to professional liability is which party is more likely to compensate the injured person. The legal system is designed to make the injured person whole. Assigning liability to the employer provides the best chance to fulfill that goal.
Situations That Can Lead to Professional Liability
Several situations may introduce the possibility of a professional liability claim against an employer. Job-related accidents are those that occur during the course of employment. Hiring or retention negligence occurs with acts outside the scope of employment. Workplace harassment that violates federal law may also lead to professional liability.
Job-Related Accidents
A negligent act that may result in professional liability is linked to job-related behavior authorized by the employer. Additionally, even if the employer does not directly authorize the act, the employer is typically responsible if the employee was acting within his or her job capacity.
This legal distinction outlines a difference between a job-related accident and an accident the employee causes that is unrelated to his or her job. There are also other job-related accidents that may qualify for a worker’s compensation claim, rather than a liability lawsuit.
Hiring or Retention Negligence
An example of hiring or retention negligence is holding the employer liable for an employee’s criminal conduct outside the scope of employment. The legal basis presupposes that the employer was careless in hiring a criminal for a job that exposed others to harm. Technically, the employer unnecessarily exposed potential victims to the employee without performing a thorough background check.
Workplace Harassment
Workplace harassment has become a problematic source of professional liability for employers. Violations of federal laws for discriminatory practices based on a person’s gender, religion, age or national origin may constitute workplace harassment. Additionally, retaliation against an employee for participation in other violations of employment issues may lead to a professional liability case.
This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Attorneys Searcy, Denney, Scarola, Barnhart, and Shipley P.A. provide focused legal counsel and representation related to Professional Liability, and has provided this for informational purposes only.
