Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2006
    Posts
    5

    Default Can a Bad Driver's Employer Be Held Accountable

    I'm not to sure on the correct forum to post this question, this does relate to motor vehicles. The business I work for is with cars, a reckless employee came very close to hitting another employee with a car. This guy managed to get out the way with only split seconds to spare. He's also had numerous other close calls but none as serious as this one. My manager knows about his recklessness, but so far has chosen not to fire this employee or take any disciplinary action against him.

    My question being; if the reckless employee ends up injuring or even killing someone, can my manager be held accountable since he chose not to take any action regarding the reckless employee? This is in the state of Michigan.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Can He Be Held Accountable

    There may be legal liability, possibly, from a doctrine called "retention of a negligent employee".


    There was a case somewhere where a store chain hired a sexual offense convicted person and when he assaulted a customer, they sued for hiring a negligent employee, etc.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can He Be Held Accountable

    I would rearrange the words slightly: Negligent retention of an employee. (It's the employer's negligence that creates the cause of action against the employer, so....) But if one employee hits a co-employee with a car while they're both on the job and performing their duties, it's going to be a worker's comp case, not a tort.

  4. #4
    Join Date
    Jun 2008
    Posts
    273

    Default Re: Can a Bad Driver's Employer Be Held Accountable

    Quote Quoting benz182
    View Post
    I'm not to sure on the correct forum to post this question, this does relate to motor vehicles. The business I work for is with cars, a reckless employee came very close to hitting another employee with a car. This guy managed to get out the way with only split seconds to spare. He's also had numerous other close calls but none as serious as this one. My manager knows about his recklessness, but so far has chosen not to fire this employee or take any disciplinary action against him.

    My question being; if the reckless employee ends up injuring or even killing someone, can my manager be held accountable since he chose not to take any action regarding the reckless employee? This is in the state of Michigan.
    Is there a paper trail? Any complaints put in writing that the employer cannot deny if asked? If not, then "I don't recall any verbal compaints about this employee."

    Not written, not said.

    If there is a paper trail of dangerous driving complaints then the employer could be liable in tort if the person was in an accident (assuming it is of the same nature as the complaints) that wasn't covered by Workers Comp (ie Hits a member of the public)

    1. Sponsored Links
       

Similar Threads

  1. Deprivation of Civil Rights: Can the State Be Held Accountable for Failure to Protect Child in Custody
    By yankeeboy_67 in forum Civil Rights
    Replies: 2
    Last Post: 05-05-2011, 08:52 AM
  2. Other Injuries: Can Parents Be Held Accountable for Acts of Their Juvenile Through Civil Suit
    By OnTheBuckle in forum Accidents and Injuries
    Replies: 3
    Last Post: 02-13-2011, 02:40 PM
  3. Collective Bargaining: Union Not Held Accountable for Negligence
    By fedco03 in forum Employment and Labor
    Replies: 6
    Last Post: 09-18-2010, 07:29 PM
  4. Emancipation: Parnets Being Held Accountable for a Child Not with Them
    By nothingfatal in forum Juvenile Law
    Replies: 1
    Last Post: 02-05-2010, 10:59 AM
  5. Credit Reports: Can A Person Be Held Accountable For Things They Did As A Minor?
    By theprincess098 in forum Personal Finance And Investment Law
    Replies: 2
    Last Post: 05-10-2008, 01:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources