Texas high court rejects employer liability for worker conduct

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in Compensation and Benefits,Employment Law,Hiring,Human Resources,Leaders & Managers,Management Training

by Mike Buchanan, Ogletree Deakins, Dallas

The Texas Supreme Court recently issued two decisions limiting when employers can be held responsible for the wrongs committed by their employees. The cases offer hope that employers won’t always bear the brunt of their employees’ wrongdoing, as has often been the case in the past.

Traditionally, employers can be liable for employees’ torts committed within the course of their employment. Torts are wrongful acts or damages subject to civil action. Employers are especially at risk when torts arise out of work-related disputes or occur while employees are performing their jobs.

In one case, the Supreme Court ruled that an employer was not liable for the acts of an on-duty security guard. In a second case, the court held that employers do not owe a duty to protect the public from the acts of an off-duty employee, even if the employer knew that the employee was intoxicated and agita...(register to read more)

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