Common law torts include claims for negligence and intentionaltorts. Those torts may be available to employees at theirworkplaces depending upon the specific facts at issue. Examples ofintentional torts are: assault, battery, intentional infliction ofemotional distress, defamation, invasion of privacy, unlawfulrestraint / confinement, intentional interference with employeeand/or contractual relations and common law retaliatory discharge.Examples of negligence torts, relating to workplace matters,include negligent retention, negligent infliction of emotionaldistress (where recognized), negligent supervision and negligenthiring. These torts do not include an exclusive list.
Consider the following:
Clyde came to work at ABC, Inc. in an intoxicated condition. Hisimmediate supervisor, Dana, detected a strong odor of alcohol onClyde's breath. Clyde is a machine operator. Clyde's supervisor,Dana, who is also friends with Clyde's wife (a non-employee),immediately suspended Clyde. The company has no policies regardingsubstance abuse issues or for matters relating to theaforementioned circumstances. Dana received directions from thehuman resource manager to suspend Clyde immediately and to send himhome for the day. The HR manager intended to contact the company'semployment counsel for further direction and advise and Clyde leftthe workplace.
Clyde abruptly left ABC, Inc.'s premises as so directed. On hisway home, Clyde caused a multi-vehicle crash with injuries. He wasarrested and charged with driving under the influence.
A passenger in one of the vehicles, which Clyde struck, has suedClyde and XYZ, Inc. for negligence to recover damages in asix-figure range.
What are the identified claims against ABC, Inc. and Clyde, ifany? What are the company's defenses, if any, against such claims?What recommendations would you make to ABC, Inc. for futuresituations?
