Workplace violence: incidents - and liability - on the rise

As violent incidents in the workplace have increased, potential liability for employers has also increased. Employers can take precaution based on relatively well-defined concepts. It is important to understand the general legal theories that may exist for employer liability to 3rd parties, the application of each state's workers' compensation laws when an employee is the victim, and the problems employers may confront when dealing with the rights of an alleged perpetrator. Approximately 30 states have recognized that an employer has a duty to hire and retain only safe and competent employees. Some state courts have held that employers have the duty to take reasonable care in supervising their employees. A negligent retention claim generally involves an allegation that the employer, during the course of an employee's employment, became aware of the employee's dangerous propensity, but failed to take appropriate action to protect 3rd persons. Defamation and wrongful discharge are a few claims an alleged perpetrator may bring if he or she beleives that an employer has acted improperly.