Which term describes continuing to employ someone who is known to be unfit for work leading to an injury?

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The correct term for continuing to employ someone who is known to be unfit for work leading to an injury is negligent retention. This concept refers to the employer's responsibility to evaluate and act upon their employees' fitness for duty after they have been hired. If an employer is aware that an employee poses a risk—such as being unfit for their job duties—and chooses to keep them employed, this negligence can lead to serious consequences, including injury to the employee or others.

Negligent retention underscores the obligation of employers to take appropriate action when they become aware of an employee's unfitness, rather than allowing the situation to continue unchecked. This action could involve disciplinary measures, reassignment, or termination, depending on the circumstances.

In contrast, terms like negligent hiring refer to the failure to conduct adequate background checks or vetting of a candidate before hiring, while improper supervision relates to the lack of adequate oversight or guidance provided to employees. Inadequate training involves failing to equip employees with the necessary skills or knowledge required for the job. While all of these terms pertain to different aspects of employment law and employer responsibilities, negligent retention specifically highlights the issue of knowingly keeping an unsuitable employee in a position where they could cause harm.

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