What is Negligent Retention?

Negligent retention refers to a situation where an employer fails to terminate an employee they knew was unfit for the job, especially when that unfitness poses a danger or harm to others.

When an employer does not take reasonable action to discipline and/or terminate an employee, they can be held legally liable. Some examples of negligent retention include keeping an employee who verbally harasses, threatens, intimidates, or physically harms others.