Home>Levelset Community>Legal Help>If one of my employees that I directly hired, not a sub, has a documented history for violence was charged and convicted

If one of my employees that I directly hired, not a sub, has a documented history for violence was charged and convicted

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of felony battery and had his adjudication withheld because he completed probation, anger management, and restitution to the victim, makes a personal call on his personal cellphone, while on the job during work hours, and threatens a man that is dating his mother in law and even tells him that he is doing this during work hours and the owner, me, does not mind - which I definitely do - is my company legally exposed if the person that he threatened gets an attorney and tries to sue me for various liability, negligent hiring, assault, etc.?

1 reply

Nov 4, 2022

The short answer is no, there is not a viable civil case here against you. He did not use a work phone, it did not occur on the work site and there is no physical harm or damages to derive a cause of action against you. However, criminal charges against your employee are certainly a viable option. I would recommend terminating this employee immediately as it appears he would be a liability should something occur on the work site.

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