Negligent retention of counterproductive employees

Abstract

Purpose

The purpose of this article is to encourage organizations to recognize the potential risks of retaining counterproductive employees on their payrolls and the steps they should take to prevent and/or correct the situation should it exist within their organizations.

Design/methodology/approach

Literature examining a broader definition of the negligent retention doctrine, which includes employees who lack the qualifications for the positions they hold, those who are nonperformers, and/or those who exhibit toxic behaviours, and the consequences for retaining these counterproductive employees on the payroll. By using a multilayered approach, the article discusses the efforts organizations can use to identify potentially counterproductive employee behaviour and the steps the organizations should take to provide appropriate developmental strategies/programs to assist counterproductive employees, as well as, provide appropriate disciplinary action, as the situation dictates.

Findings

The review highlights the potential financial drain and performance threats counterproductive employees create for organizations; offers explanations as to why counterproductive employees are often allowed to stay on the payroll; and provides suggestions for preventing the selection of counterproductive employees, for providing appropriate developmental.

Practical implications

The article offers practical insights and suggestions to organizations that are interested in upholding their fiduciary responsibility to their stakeholders, while providing counterproductive employees opportunity to improve their performance/behaviours or to exit the organization.

Originality/value

The article expands the definition of the negligent retention doctrine to include the often-ignored financial and emotional dangers of retaining unfit or counterproductive employees on the payroll.

Citation

R. Self, D. and B. Self, T. (2014), "Negligent retention of counterproductive employees", International Journal of Law and Management, Vol. 56 No. 3, pp. 216-230. https://doi.org/10.1108/IJLMA-07-2012-0021