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Direct Liability for Employee Torts
An employer
can be directly liable for the intentional or negligent actions
of its employees. Under Virginia law, an employer is vicariously
liable for the torts of its employees and agents if that conduct
was authorized by the employer, was natural to the employment
function or was motivated by the employee's or agent's desire
to benefit the employer. Employers have a duty to exercise reasonable
care in selecting its employees. An employer will be found directly
liable if the employer hires or assigns an employee whom it
knows or reasonably should have known was incompetent, unfit
or otherwise unsuitable for a position, and that employee causes
harm to a third party. Our attorneys are experienced in counseling
our corporate clients in their efforts to establish effective
screening processes for its employees and agents. We also defend
our corporate clients against claims of direct liability.
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