Employer Tort Liability: Vicarious Liability; Negligent Hiring, Supervision, and Retention

This program has been cancelled

A live 90-minute CLE video webinar with interactive Q&A


Wednesday, February 9, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST


This CLE webinar will advise employment counsel on the potential liability for negligent hiring or retaining of former employees and recent trends in cases involving an employer's vicarious liability. The panel will discuss how employers can mitigate risks when such claims are brought.

Description

The workplace is fraught with potential torts related to hiring and retention. Hiring is a delicate balance of adequately investigating an applicant's background and avoiding legally prohibited searches or inquiries. Workplace investigations, often involving conflicts among employees, can implicate claims of bias, discrimination, harassment, intentional infliction of emotional distress, defamation, and retaliation.

An employee's tortious conduct--intentional or negligent--exposes the employer to claims from co-workers or third parties. These claims typically allege the employer is liable for the worker's conduct based on legal theories of vicarious liability or negligent hiring, retention, or supervision. Recent cases in New York, California, and Virginia have found for both employers and employees in these cases that hinge on the facts of the situation.

Employment counsel defending vicarious liability or negligent hiring cases must prepare to navigate heavily litigated issues such as whether an employer/employee relationship exists and, if so, whether the employee acted within the scope of employment duties in the commission of the tortious act. Some jurisdictions have held employers liable for an intentional tort committed by a former employee after termination. Employees' counsel may seek claims for vicarious liability for the torts of other employees and direct liability of negligence in supervision by the employer.

Listen as our authoritative panel of employment litigators explores strategies for litigating negligent hiring and vicarious liability claims. The panel will discuss such thorny issues as when an employee is in the course and scope of his employment, whether an individual is an employee or independent contractor for employer liability, and when workers' compensation or other state laws preempt the claim.

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Outline

  1. Employer liability for acts of employees and contractors
    1. Vicarious liability
    2. Negligent hiring
    3. Negligent supervision
    4. Negligent retention
  2. Recent case law
    1. New York
    2. California
    3. Florida
    4. Virginia

Benefits

The panel will review these and other key issues:

  • What factors determine whether an employee acted within the course and scope of employment?
  • Under what circumstances can an employer be liable for wrongful acts by an independent contractor?
  • Can an employer be liable for vicarious liability and direct negligence arising from the same employee conduct?
  • What are recent trends in cases in New York, California, and Virginia in tort claims brought by employees against employers?

Faculty

Noa, Guy
Guy K. Noa

Attorney
Fowler White Burnett

Mr. Noa focuses his practice in the areas of trucking accident defense and catastrophic and personal injury claims....  |  Read More

Additional faculty
to be announced.