Tag: respondeat superior liability

Employer Faces $50 Million Lawsuit From Workplace Shooting Survivor December 15, 2022 A survivor of a mass shooting that claimed six lives in a Chesapeake, Virginia, retail store has filed a $50 million lawsuit against her employer. She claims the company had ignored a complaint she submitted about the shooter and fellow employee two months before the tragic incident. The lawsuit she filed in Chesapeake Circuit Court claims that the plaintiff raised concerns for several months that the gunman may prove violent. She raised these concerns with management because the gunman supervised the overnight stocking crew. However, the complaint alleged that the employer failed to take action before the shooting. In the end, the gunman died from a self-inflicted wound. The lawsuit states that the plaintiff filed a formal complaint with the employer concerning the gunman's "disturbing and threatening" behavior in September of the year. In addition, the complaint outlines claims that other employees and managers had witnessed the "long-standing pattern of disturbing and threatening behavior." Allegedly, the gunman had engaged in increasingly threatening behavior leading up to the shooting. The lawsuit claims that the employer knew or should have known about the gunman's disturbing and threatening behavior. It also claims the employer failed to terminate his employment or to "restrict his access to common areas, conduct thorough background checks, or subject him to a mental health examination." As a result of these alleged failures, the lawsuit accuses the defendant of negligent hiring and retention. For example, the company failed to investigate and consider the gunman's background appropriately. Furthermore, the company failed its employees by continuing to keep him in their employ despite having "received numerous reports" that the gunman" was bullying, threatening, and harassing other employees" and should have known he "act inappropriately, bizarrely, and dangerously." It also claims the defendant is liable based on "Respondeat Superior Liability." This claim means an employer is held responsible for the acts of employees performed during their employment. The theory, in this case, is that the shooting occurred during the "scope of his employment." The lawsuit describes how on the night of the shooting, the plaintiff was nearly struck with multiple bullets, witnessed the murder of several of her coworkers, and suffered injuries to her knee and elbow while trying to escape. The lawsuit seeks $50 million in damages due to these injuries and the psychological trauma from the tragedy. Though only recently filed, this lawsuit reminds employers of their responsibility for protecting employees and the public. As such, they should exercise due diligence in the hiring process and the performance of an employee's role. Crucial steps in ensuring appropriate hires include performing background checks and responding to employee concerns. Background checks are made easy with Pre-employ. Ask any questions you may have and learn more by contacting a sales rep today. Source

Tag: respondeat superior liability

Employer Faces $50 Million Lawsuit From Workplace Shooting Survivor

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