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Workplace Torts and Employer Liability
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Defamation
Occurs when an employer makes a false statement about an employee, causing damage to their reputation. Example: A manager falsely accuses an employee of theft in front of other staff.
Hostile Work Environment
Occurs when an employee experiences workplace harassment and can show that the harassment was pervasive or severe enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Example: An employee faces repeated racial jokes and slurs from coworkers.
Fraudulent Misrepresentation
Involves an employer intentionally providing false information that an employee relies upon, leading to harm. Example: An employer promises a high level of safety measures that are not actually implemented, and an employee is then injured due to lack of safety.
Invasion of Privacy
Occurs when an employer unlawfully intrudes into the private affairs of an employee without consent. Example: A company monitors an employee's personal phone calls without any legitimate business purpose or consent.
Vicarious Liability
A legal doctrine that holds an employer liable for the actions of an employee when the actions take place within the scope of employment. Example: A delivery driver causes a traffic accident while making deliveries for the employer.
Workplace Safety Violations
Happen when an employer fails to adhere to safety regulations, leading to employee injury or death. Example: A construction company ignores OSHA regulations, resulting in a worker falling from scaffolding.
Negligent Hiring
Occurs when an employer hires someone who they know or should have known was not suited for the position, and the employee causes harm. Example: A company hires a school bus driver without a proper background check, and the driver has a history of DUIs.
Negligent Supervision
Arises when an employer fails to reasonably monitor or control the actions of an employee, which then leads to harm. Example: A gym fails to supervise a coach who has inappropriate contact with minors.
Retaliation
Happens when an employer punishes an employee for engaging in legally protected activity, such as filing a complaint or whistleblowing. Example: An employee is demoted after filing a sexual harassment complaint against a supervisor.
Negligent Retention
Happens when an employer continues to employ someone after the employer becomes aware that the employee may be unfit for duty. Example: A company keeps an employee with a known record of violence, who later assaults a coworker.
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