If an employing agency is aware of an employee problematic behavior but does nothing to correct the behavior, this is known as ______.

• A. Negligent hiring
• B. Negligent retention
• C. Vicarious liability
• D. Gross negligence

Answer: (B)

Negligent retention happens when an employer knows about an employee’s problematic behavior but fails to take corrective action, allowing the employee to remain on the job and continue posing a risk. The agency’s inaction after recognizing misconduct or performance problems can lead to harm, and the employer can be held liable for that risk because they allowed it to persist. For example, if a supervisor is aware an officer has a history of aggressive or unsafe conduct and does nothing—no coaching, discipline, or removal—the agency bears responsibility for any ensuing harm due to that unaddressed behavior. This differs from negligent hiring, which focuses on choosing someone unfit in the first place; vicarious liability concerns being responsible for an employee’s actions performed within the scope of work; and gross negligence involves a severe, reckless disregard for safety. The scenario centers on the failure to act after the problem is known, which is why negligent retention is the correct concept.