No one is responsible for being bullied, for inviting the misery upon themselves. If the employer has known about the bully before and chosen to retain him or her (attorneys call it negligent retention), there may be a claim to asset. For example, liability for negligent hiring and supervision is based upon the reasoning that if an enterprise hires individuals with characteristics which might pose a danger to customers or other employees, the enterprise should bear the loss caused by the wrongdoing of its incompetent or unfit employees. The tort has developed in California in factual settings where the plaintiff’s injury occurred in the workplace, or the contact between the plaintiff and the employee was generated by the employment relationship. California law, therefore, recognizes the theory that an employer can be liable to a third person for negligently hiring, supervising, or RETAINING an unfit employee if the employer knew or should have known that hiring the employee created a particular risk or hazard and that particular harm materializes. The reality is that employers establish all conditions of work. If there are poorly skilled managers or executives, it may be because of a dereliction of duty. However, you must be able to establish the employer’s knowledge at the time he hired the “bully.” I agree there is no cause of action for bullying per se.
DISCLAMER: The information provided by WFB Legal Consulting, Inc. is disseminated for educational purposes only, and is not to be construed as legal advice. Do not take any action, postpone any action, or decline to take any proposed action based on this information without first engaging the representation of a licensed attorney at law in your State of residence.
