Most states do not impose a general duty of care upon companies concerning the employment relationship. Thus, an employer who mistreats, harasses, improperly evaluates, or wrongfully dismisses an employee is not liable for a claim of negligence. However, in many states negligent misrepresentation of material facts, negligent hiring, supervision or retention of a dangerous employee, negligent infliction of emotional distress, and negligent failure to provide a safe workplace may be grounds for a lawsuit. Separate from the question of employer negligence, an employee may be able to sue independent contractors such as doctors, polygraph examiners, detectives, and drug testing agencies for negligent performance of their duties.
This page was updated on January 12, 2006