We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Constitutes Employee Negligence?

Mary McMahon
By
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Employee negligence is a failure to provide an expected duty of care to customers and employers that causes harm. For example, a property manager has a responsibility to respond to tenant complaints about health and safety situations. If a tenant reports bad wiring and the property manager does not act, he would be liable for damages if the wiring caused a fire. Employers can sue for employee negligence, as can customers harmed by the employee's actions.

The duty of care expected from an employee varies by industry. In some industries, employees are considered highly skilled professionals, and their level of responsibility is much higher. The threshold of proof in employee negligence cases of this nature may be lower. Doctors and nurses, for example, have professional training that leads patients to put trust in them, and must behave with caution. Likewise, any employee with a fiduciary duty has a high duty of care, as customers put funds and financial information into the hands of these employees. Conversely, a retail clerk has less responsibility.

In employee negligence cases, it is necessary to establish that the employee's duty of care was clearly defined, and she breached it by acting negligently. There can be gray areas in such cases that sometimes make them challenging to prosecute. For example, an employee who accidentally sends information to an incorrect address may not necessarily be acting negligently, but if that information should not have been sent out in the first place, the employee breaches his duty of care and is liable for damages if that information gets into the wrong hands.

Employee handbooks typically provide detailed information about duties and responsibilities. In the case of health care practitioners, attorneys, and parties with fiduciary duties like accountants and bank tellers, the handbook may also include guidelines from a professional organization to remind the employee of industry standards. Employees who are not clear on their responsibilities should ask, as they could be found liable for negligence for failing to fully comprehend their responsibilities.

When suits arise over negligence, consumers may sue an employer for breach of duty, and the employer could potentially argue employee negligence, placing the blame on the staff member who caused the problem. Employers can also sue their employees on an individual level for causing damage to the company, such as financial losses or a decline in the company's reputation. Employees defending themselves in negligence cases may attempt to show that the alleged duty of care goes beyond reasonable expectations, or could argue that they were not properly trained, putting the responsibility back on their employers.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

By anon950292 — On May 09, 2014

Can an employer sue an employee if he tells a customer he is stealing from them?

By Melonlity — On Feb 12, 2014

One problem in negligence cases has to do with where liability should fall. Was a negligent employee acting within his scope of authority granted by the employer? If so, the company might be on the hook for damage caused by the employee's conduct. Let's say, for example, an employee of a car lot wrecks a car during a test drive and the passenger is injured.

In that case, the company may be liable if the employee was simply engaged in an activity sanctioned by the car lot. On the other hand, let's say the employee was drunk. Since drinking on the job is prohibited (we'll assume), then that employee may be liable while the company is not.

Of course, if the company supplied the employee with liquor at a party immediately before the test drive then that's another story entirely, isn't it?

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Read more
WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.