Q: I manage a retail space with regular visitors and guests throughout the day. During a special event last year when we anticipated lots of foot traffic, I covered the carpet with some clear plastic sheeting to protect it for that day. I’d seen this used before by a contractor during a recent renovation and thought it was a good idea.
Well, a visitor fell and they are now suing my parent company and I’m scared that if we lose the case the organization will take this out on me.
Is there any protection for me as an employee who was trying to be a good caretaker of the store?
A: First, because my area of expertise is not property insurance or general liability, I won’t express an opinion on whether your company will win the lawsuit or not.
But I will give my opinion on whether you should be worried about the company “taking it out” on you or suffering some other type of retaliation, and I don’t think you should worry. Even if they lose the case.
Here’s why.
If I were your manager or your HR department what’ I’d take into account, regardless of outcome of the case, would go something like this:
1) I would consider your intention. What was your motivation when you made the decision that resulted in the accident? In your case, you had the best of intentions. You were trying to protect the carpet.
2) Then I would consider your judgment. Was your decision (even if well-intentioned) bone headed? Unnecessarily risky? Or was it reasonably sound? Did it make sense? In your case, the decision didn’t appear risky and made sense. After all, you did something you had seen done by a contractor.
3) Lastly, I’d consider your record and history. How long have you been with the company? Are you well respected? Do you have a good employment record? Or have you made decisions that turned out badly before? I don’t know the answers, but I assume because you were worried enough to write, you’re probably a conscientious person with a good record.
So even though it’s no fun to be part of a lawsuit, I don’t think you need to worry about your employer. Simply be cooperative, helpful and truthful and you should be fine. No matter who wins.
©Copyright Eva Del Rio
Eva Del Rio is creator of HR Box™ – tools for small businesses and startups. Send questions to Eva@evadelrio.com
