1 Elements and Case Citations
- The defendant employer becomes aware, or should have become aware, of problems with an employee that indicates his unfitness;
- The defendant employer owes a duty to plaintiff to protect the plaintiff from a particular injury or damage;
- The defendant employer breaches its duty by failing to take further action, such as investigation, discharge, or reassignment;
- Defendant’s breach was the proximate cause of injury or damage to plaintiff; and
- Plaintiff suffered damages as a result of the breach.
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- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.