Negligent Retention

1 Elements and Case Citations

1. The defendant employer becomes aware, or should have become aware, of problems with an employee that indicates his unfitness;
2. The defendant employer owes a duty to plaintiff to protect the plaintiff from a particular injury or damage;
3. The defendant employer breaches its duty by failing to take further action, such as investigation, discharge, or reassignment;
4. Defendant’s breach was the proximate cause of injury or damage to plaintiff; and
5. Plaintiff suffered damages as a result of the breach.

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