Can negligent retention suits pertain to public safety employers?

I understand that there are certain laws to protect public safety workers from civil suites. However, if there is documented proof that a public safety employee (ie a 911 dispatcher) in incapable of doing the job correctly and it has been documented and termination reccomended, yet the employer refuses to do so, can a victim file a suite if they sustain direct harm from this employee's actions?

1 answer  |  asked Jun 14, 2011 09:22 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
I am not certain that there is a simple answer to your question. Negligent retention cases are unusual and generally only succeed when there is clear evidence supporting liability and almost reckless conduct. You would have to discuss the specifics with an employment lawyer and consider issues of immunity for public employees at the same time.

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posted by Bruce Elfvin  |  Jun 14, 2011 11:53 AM [EST]

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