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Employer Liability for Employee Wrongs

BY Jeffrey Pittman
March 28, 2013

The late Joe Paterno and the recent Penn State football scandal illustrate a growing area for employer liability. Penn State's knowledge of an employee's misdeeds ' Jerry Sandusky ' has opened the university to enormous liability. While outside observers may agree that Penn State deserves liability for ignored child abuse, other companies may find they too are liable for situations where they are not so clearly culpable.

In the Workplace

Employers today are collecting more information on their employees than imagined possible even a decade ago. Employee e-mail messages are monitored; text messages also are monitored if company telephones are used. Workplace cameras are common. Using GPS technology, tracking devices are inserted into company cars. Employers know exactly where employees are in real time. Internet use is recorded at work, tracking websites visited and pages opened. Most employers will soon routinely check employee personal, off-duty use of social media such as Facebook. Employee background checks are commissioned. All of this information provides actual or constructive employer knowledge of employees' deeds and misdeeds.

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