Employers have a responsibility to ensure the people they hire are qualified for the position they obtain and the duties for which they are responsible. When an employer fails to properly screen and train their employees, they may be held liable if an employee injures someone else while on the job. In the same vein, if an employer knowingly keeps an employee that has behaved in a potentially dangerous way, they could also be held liable for negligent retention.
In Georgia, the law requires that an injured party must prove that an employer knew or should have known that an employee under their supervision was incapable of performing their job safely. Certain industries see more instances of negligent hiring and retention than others.
An experienced injury and accident attorney can help you understand the law in regards to negligent hiring and negligent retention if you have been injured in an accident at a business or other commercial establishment. Ali Awad has experience fighting for injured people and is not afraid to take insurance companies or other attorneys representing the big business to court.
Ali Awad, the CEO Lawyer, can be found in the courtroom and the mediation room fighting for clients, but he can also be found on Instagram. With over 1 million followers, he’s one of the first attorneys to bring simple, no-nonsense legal advice to the people. If you think you might have a case, call 833-254-2923 for a no-obligation consultation of your case.
What is Negligence?
In terms of employment law, negligence refers to damages or injury caused by an employee in which the employer is held responsible. Certain elements must be proven in order to establish negligence. It must be demonstrated that the employer owed a standard duty of care and that duty was breached. It must also be shown that an injury resulted due to their breach of care and that the injury was reasonably foreseeable.
Employers have a responsibility to their employees, customers, and the general public to conduct hiring procedures that protect others from foreseeably harmful acts committed by their employees. They have a duty to exercise reasonable care when hiring employees to make sure that these individuals do not pose a threat to the public.
Employers should conduct adequate pre-employment screenings in order to ensure they are hiring a safe and capable person to perform the duties outlined in their job description. These screenings include background checks, reference checks, post-employment verifications, credit checks, and criminal record checks. The type of screenings that should be conducted varies from job to job. For example, it is not necessary to run a criminal background check on a server in a restaurant, but it would be necessary to screen an employee in this way if they are applying to work in a childcare center or nursing home.
Negligent retention refers to when an employer becomes aware, or should have become aware, of an employee’s potential to harm someone due to unsuitability for the position for which they are hired. If an employer is aware of their employee’s lack of suitability for the job they perform, the employer becomes liable in the event that the employee harms a co-worker, customer, or the general public.
Employers have an obligation to take the appropriate measures to retrain, reassign, discipline, or discharge an employee after they have become aware of problems or previous negligent actions. If they do not, the employer becomes liable for injuries, damages, and pain and suffering under the legal concept of respondeat superior, or vicarious liability. However, in Georgia, in many negligence cases, the employer and employee share responsibilities for damages.
How to Avoid Negligent Hiring Claims
Employers should institute rigorous hiring procedures in order to protect their employees and the public. There are a few important procedures that can be put into place to help ensure you are hiring the right person for the job:
Increase the scope of pre-employment screening if you are working in an industry with a greater risk of harm to employees or the public
Always verify work history and attempt to retain references from previous employers.
Consider criminal background checks and drug screenings for jobs with a greater risk of harm to employees or the public
Keep records of all pre-employment screenings
When You Should Call the CEO Lawyer
Followed by millions on social media, attorney Ali Awad knows how to bring legal power to the people, and he knows the factors to focus on to get results. Few people have the legal knowledge to aggressively pursue their own claim, but with the CEO Lawyer in their corner, they can go toe-to-toe with big insurance companies.
The injury and accident attorneys at the CEO Lawyer Personal Injury Law Firm boast a success rate of over 99.5% and you want a personal injury attorney with a track record of winning representing you in a negligence case. Our injury and accident attorneys work on a contingency basis, which means he doesn’t get paid unless you get paid. Call now at (833) 254-2923 for a no-obligation consultation of the facts of your case.
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Frequently Asked Questions
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
Do You Have a Personal Injury Case?
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Georgia's Personal Injury & Accident Firm
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process.
Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today.
We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
Speak to an Experienced Personal Injury Attorney Today
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.