The tort of negligent retention of an employee occurs when, during the course of employment, the employer knows or should have known of problems with an employee that indicate his or her unfitness, but the employer fails to take further action, such as investigation, discharge, or reassignment. The underlying misconduct allegedly committed by an employee in a negligent retention claim must be based on an injury resulting from a tort that is recognized under common law. Accordingly, there is a duty among private employers who retain employees whose negligence or intentional acts in positions of employment can foreseeably cause injuries to third parties. Therefore, an employer may be held liable for negligence in retaining an employee who may constitute a danger to others. By its very nature, an action for negligent retention involves acts that are not within the course and scope of employment and allows recovery even when an employer is not vicariously liable under the doctrine of respondeat superior.

Additionally, an employer is liable for the negligent retention of an employee where the employer is on notice of the potentially harmful propensities of the employee, the third party is within the zone of foreseeable risks created by employment, and the employer's breach of duty is the proximate cause of the third party's injuries. In other words, an employer is only liable to an injured third party for negligent retention when the employer has a legal duty, arising out of the relationship between the employment and the third party, and the third party is within the zone of foreseeable risk created by the employment. However, an employer cannot be held liable for negligent retention of an employee to a third party who is not within the zone of foreseeable risk created by the employment. Therefore, an experienced West Palm Beach negligent retention lawyer will examine a claim and determine: