Legal Question in Employment Law in Colorado
I have two non-exempt (restaurant workers) who got into a physical altercation over the weekend, alledgedly resulting in one filing (and being granted) a restraining order against the other. I have requested to view the document.
What are our responsibilities re. allowing or more importantly NOT allowing the aggresor to return to work?
1 Answer from Attorneys
You need to act quickly and carefully in this matter. Review the case file. This event may give way to possible claims of negligent retention or vicarious liability to third parties. If this person had a prior history of issues then there are possible claims of negligent hiring. Ultimately what you should do depends on the facts, the claims and any prior history of this employee.
You should contact an attorney to discuss this matter quickly after you have received the entire file on this matter.
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