What does negligent retention refer to in an employment context?

Negligent retention in an employment context refers to the practice of keeping an employee in a position when they are deemed unfit or incapable of performing their job responsibilities adequately. This concept revolves around the idea that an employer has a duty to maintain a safe and competent workplace. If an employee demonstrates behaviors, skills, or attitudes that pose a risk to the organization or others, failing to take appropriate action to remove or address the issue can lead to claims of negligent retention.

In situations where an employer is aware of an employee's deficiencies or problematic behavior but chooses to continue their employment, it can create liability for the company, especially if the employee's actions result in harm to others. Thus, retaining an employee who is not capable or poses a risk without intervening is what defines negligent retention. This principle underscores the responsibility employers have not only to select capable employees but also to monitor and act upon their performance and behavior over time.