Expanding and hiring more employees is a mark of business success in the corporate world. However, companies should realize with growth comes the increase for liability exposure in different areas.
Companies need to remember that they will be held liable for the conduct of their employees; hence, they should be aware of their liability exposure and ways to minimize the risks. An experienced corporate lawyer in Los Angeles can help create strategies to combat liability exposure in your company. Liability exposure may include the following:
Vicariously Liable – Negligent Acts
Employers are vicariously liable for negligent acts performed by their employees when they happen within the scope of employment resulting in injury. Acting within the scope of employment can mean: (1) the injury took place while the employee was working on the job; (2) the injury occurred while the employee was performing his or her regular assigned duties; or (3)
the company benefited in some manner from the work the worker was doing at the time of the accident or injury.
If the worker was an independent contractor, you are not liable for the negligence of the independent contractor, since they are not considered to be employees by law.
Negligent Hiring or Retention Liability
A company can face a negligent hiring or retention liability lawsuit when employees exemplify misconduct outside the scope of their employment. Negligent hiring often involves criminal misconduct prior to employment. The firm could potentially be held liable for the conduct of the employee if it is determined that the company should have performed a comprehensive background check before hiring the individual. For example, a daycare center hires a convicted sex offender to work with children. The daycare center can be liable for exposing children to a known sex-offender on the California Sex Offender’s Registry. An experienced employment lawyer in Los Angeles such as the professionals at Hakim Law Group can make sure of a thorough and proper background checks to ensure you are not liable for negligent hiring or retention.
Harassment & Discrimination
Discrimination of workers by other staffers violates state and federal law when it entails discriminatory practices involving race, color, sex, religion, national origin, political beliefs, marital or family status, age or disability. The Equal Employment Opportunity Act gives protection to workers in all those areas. A well-versed employment lawyer can explain this law, how it affects your business, and ways to help reduce your chances of liability exposure.
The vigilant employer must develop workplace policies to protect itself and its employees from liability exposure. A highly experienced and reputable employment lawyer in Los Angeles such as Afshin Hakim of Hakim Law Group will help you create effective policies in the workplace which in return provides assurance. For further information or to schedule an appointment please contact Hakim Law Group at (310) 993-2203 or visit www.HakimLawGroup.com.
