Title Liability Company For Employee Actions
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FAQ
First, an employer may be liable for an independent contractor's misconduct if the employer was negligent in selecting or retaining the independent contractor. Second, an employer may be liable if the tasks assigned to an independent contractor are non-delegable.
By contrast, as a general rule, employers are not liable for the acts of independent contractors, however there are several exceptions to the general rule. The reality today is that corporations face many liability issues when dealing with independent contractors and suppliers.
By virtue of the laws relating to immunity and indemnification, employees generally have no individual liability except in those circumstances where the employee was acting manifestly outside the scope of his or her employment responsibilities or with malicious purpose, in bad faith, or in a wanton or reckless manner.
Depending on the circumstances of your injuries, you might still have a legal cause of action against an employer even if an employee harmed you outside the scope of their employment. Three specific situations that serve as examples are negligent hiring, negligent retention, and harassment.
In California, an employer is vicariously liable for the negligent and wrongful acts of his employees that are committed within the scope of employment.