Corner Office: Avoiding Negligent Supervision

April 10 -- As kids, we learn there are two ways to get in trouble.

We get in hot water for doing the stuff we do that we shouldn't do: putting crayons in the dryer with Daddy's nice shirts, giving a haircut to the dog, filling the bean bag chair with milk to see how much it will hold.

But we also face the music for not doing stuff we should do: Letting the dog go hungry, leaving our homework at the car wash, going to bed without brushing our teeth.

As managers we sometimes forget that we can get into substantial trouble for not doing something. We spend so much energy focused on what we are doing that we overlook the consequences of what we're not doing. Unfortunately, those consequences can be serious.

Suppose you send an untrained employee to make a minor repair and he electrocutes himself. Or an employee threatens a co-worker, but you decide you'll deal with it when you "have time." How will you explain yourself if the employee makes good on her threat before you "found the time" to deal with it?

These situations are examples of negligent supervision: the failure to meet accepted standards of care, resulting in harm to employees or the public. The law recognizes that supervision is serious business — lives may be at stake.

Consequently, you and your firm can be held liable for damage that occurs because of negligent supervision. If you are held liable, the penalties can be substantial. But they're nothing compared to living with the knowledge that you could have prevented a tragedy.

Understand the risks. Be vigilant. And take action.

Take Action

Understand your exposure. It's an exaggeration to say that anything you do (or don't do) might be seen as negligent, but there are several situations that demand particular care: Hiring, training, permitting an employee to use a company vehicle, permitting an employee to be alone with other employees or members of the public, promoting an employee, certifying an employee, failing to fire or discipline an employee, and firing an employee without doing an effective investigation.