An employer can be held liable for a non-employee's acts if it knows or should have known of conduct and fails to take immediate and appropriate action.

• Workplace violence.
  1. Warning signals.
     1. History of violent behavior;

     2. Obsession with guns and other weapons;

     3. Verbal threats;

     4. Personal problems such as divorce, death of close friend or relative, bankruptcy;

     5. Significant change in behavior -- mood swings, outbursts, insubordination;

     6. Substance or alcohol abuse;

     7. Loner;

     8. Paranoia about others; and

     9. Anger without outlet to vent anger.

  2. Prevention.
     1. Hire selectively.

     2. Increase security.

     3. No tolerance policy;

     4. Employee assistance program;

     5. Inquire about convictions (not arrests);

     6. Workplace violence team;

     7. Conduct investigation;

     8. Training program; and

     9. Involve law enforcement and courts.

• Negligent Hiring, Retention, and Supervision.

  Elements of negligence claim:

  1. Legal duty by defendant to plaintiff to exercise reasonable care;

  2. Breach of that duty by defendant;

  3. Injury to plaintiff; and

  4. Sufficient cause or relationship between defendant's breach and plaintiff's injury.

     Duty of reasonable care arises when there is a foreseeable risk or injury to others from defendant's failure to take protective action.

     In addition to foreseeability, courts consider:

     1. Social utility of defendant's conduct;

     2. Magnitude of burden of guarding against harm caused to plaintiff;

     3. Practical consequence of placing such a burden on defendant; and

     4. Additional elements disclosed by particular circumstances.

  Negligent hiring -- employer fails to exercise reasonable care in hiring

  Example:

  1. failure to contact applicant's former employer;or
  2. failure to check background information, references or criminal convictions AND such scrutiny would have suggested applicant unfit for job.

  Negligent Retention -- similar to negligent hiring, but based on knowledge employer gains after employee is hired.

  Negligent Supervision -- employer fails to take proper steps to supervise employees.