Legal Question in Employment Law in California
Employer liable for employee behavior.
An employee struck a twelve-year-old child while performing paid duties of supervision of children. When employer was confronted with the allegations they stated that they do not hire employees to strike children and therefore had no legal obligation to perform any sort of investigation or to reprimand or hold the employee accountable for the behavior. The employer was a public school and the employee was a part time lunch supervisor. The questions are
1. Does the employer have a responsibility under law to investigate the claim and 2. Should the employee have employer provided legal council?
2 Answers from Attorneys
Re: Employer liable for employee behavior.
My first question is where in the world did this occur? Sounds quite serious, I cannot imagine they did not do an investigation and did not suspend the employee and/or fire that individual. Call to discuss. I would certainly not defend the individual with same counsel representing the school, however, actual representation is a question that needs discussion.
Re: Employer liable for employee behavior.
1. Does the employer have a responsibility under law to investigate the claim
I doubt they have to "investigate" it, but they may want to, it would probably a good idea.
2. Should the employee have employer provided legal council?
No, but it would probably a really good idea.
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