Although Pam Tomlinson may be considered to have been grossly negligent in handling her job, the fault would fall on Stacy Tebo since Tebo is the “Contract Employee” or the CEO of the Manager/Weak Form of Mayor Government . Simply Tebo did not control or correct what Tomlinson has been doing.
Here however is the manner in which Employers are bound when it comes to recovery from an Employee. It would be difficult by law to say that Pam was more than grossly negligent since she has been retained and no one has corrected her in all of these years, knowing that she does not know what she is doing. It should have been up to Tebo to watch over the financial situation of White Springs and she did not. For that Tebo is grossly negligent and as I stated before, she may be sued starting with a breach of contract.
Accordingly, although it is clearly reasonable for an employer to expect its employees to exercise reasonable care in the performance of their duties, it will only be where the degree of fault by the employee goes beyond mere negligence, that a claim for damages will have any chance of success.
It is settled law that employers are vicariously responsible for the harm caused by an employee in the performance of the employee’s duties. The question then becomes whether the employer can recover the damages it paid to the third party from the negligent employee. As one might expect from the analysis above, the likely answer is that recovery will be restricted to those situations where the employee’s conduct was grossly negligent. Again, inability to recover does not prevent discipline and, where justified, dismissal for cause.
Again: As for Tebo
Suing for Breach of Contract
It is quite common for employers to require senior employees (especially contract employees) to execute covenants which prevent or restrict certain activities. Examples include maintenance of confidentiality and prohibiting the soliciting of clients or co-workers for a reasonable period of time following resignation or termination. Provided these clauses are carefully drafted to meet current judicially mandated standards and are incorporated into a properly executed employment agreement, they can form the basis of a successful lawsuit against an employee who ignores contractual terms to which the employee agreed.
In this type of lawsuit, the employer must act quickly after learning of the breach, seeking a mandatory order prohibiting the continuation of the offensive action. While an order actually prohibiting continuance of the breach (an injunction) may not be granted, the employee will be required to pay the damages suffered by the employer resulting from the competitive activity. Furthermore, the very act of commencing the lawsuit may cause the offending employee to cease the prohibited activity.
Karin for the blog
I had to sign many a non-compete and it included related instructiional material, and other data as to whether the Agency owned such or I did. I complied with my contracts. Tebo did not.