Deep pockets make employers a prime target

Employer can be held liable for employee’s actions even if it did nothing wrong
|Canadian Employment Law Today


An employer, far more often than not, has deeper pockets than one of its employees. That makes it a ripe legal target when one of its employees does something wrong, and the injured person comes looking for a remedy.

The legal concept of vicarious liability is designed to give injured parties a chance at a remedy. Being able to crack open the employer’s wallet, rather than just the employee’s, gives that person a better chance at a substantial remedy. Vicarious liability differs from negligence, a distinction some employers don’t understand. An employer need not be negligent to be held responsible for the actions of one of its employees. Vicarious liability imposes liability in the absence of negligence or wrongdoing on the part of the employer.