Negligent Retention

Negligent retention occurs when an employer continues to employ an individual known or reasonably believed to pose a risk—such as having a dangerous background or behavior—that could harm others. If the employer fails to take appropriate action, like investigating or removing the employee, and someone is injured because of this oversight, the employer can be held liable. Essentially, it’s a legal claim arising when an employer’s failure to properly evaluate or address known concerns about an employee results in harm to a third party.