Essay Preview: Employer Liability
Report this essay
Workplace victimization is defined as the acts of hostility and violent behavior intended towards a particular person. Such acts result in mental, physical or emotional harm to the target person. This article dwells majorly on principles that attorneys and judicial bodies employ when dealing with rising cases of victimization in workplaces across the globe. It, thus, provides a clear indication of an umbrella of legal concepts pertaining employee liability on the matter. (Meadows, 2001).
Workplace violence can be categorized into four major groups, namely: crimes by unknown assailants, displaced domestic violence, sexual harassment and malcontent employees (Norman, 2010). A stepwise analysis of the cited categories provides a clear view on the theory of liability accused against an employer. To start with, let us analyze an employers liability regarding a malcontent employee. A liability against an employer regarding such an employee is normally assessed on the basis of the measure of what he or she ought to have done to reduce the risk of such an incident occurring. Attorneys try to focus on highlighting whether there were signs of such a situation occurring and what control measures were taken to inhibit such an explicit behavioral pop up. According to Meadows, it is definitely hard to predict such an issue, but an employer is expected to employ some measures to considerably reduce the risk of such things happening (Meadows, 2001).
Crimes by unknown assailants is the other type of violence where employer liability is the most difficult to sustain (Norman, 2010). However, according to law, an employee will be liable if he or she is the owner of the attacked premises, was aware of the danger, and failed to act appropriately. Moreover, the employer will be liable if he was aware of possible danger to an injured party. All employers have to consider safety methods that protect their workers. (Norman, 2010).
A spill of domestic violence into a workplace should be of a concern to an employer. Safety of all workers is normally at risk due to such a situation, considering the fact that a violent incident can arise. In such a scenario, lawyers normally assess the liability of an employer. This is done through looking into what was done and probably what should have been done. (Meadows, 2001).
In the case of sexual harassment, attorneys usually take