Chinn has been a bus driver for a tour bus company for the past 15 years and has an excellent driving record. He had a back injury last year for which he is still undergoing treatment. If Chinn has an accident while driving one of the tour buses because of the effects of his medication and passengers are injured in the accident, the company will most likely be liable for _____.
A) snap judgment
B) negligent hiring
C) negative emphasis
D) negligent retention

Question

Quizplus · Accepted Answer

Negligent retention refers to the failure of an employer to take action when they know, or should know, that an employee is unfit to perform his job duties due to medical conditions, emotional instability or substance abuse. In this case, if the tour bus company is aware that Chinn is still undergoing treatment for a back injury and he is taking medication that could impair his ability to drive, yet they continue to employ him as a driver, the company can be held liable for any damages resulting from his negligent driving.

Chinn Has Been a Bus Driver for a Tour Bus