Negligent retention alleges that information acquired during employment should have led the carrier to reassign or terminate the driver. Triggers include accumulated violations, positive drug tests, preventable crashes, and license suspensions.
It differs from negligent hiring by focusing on post-employment knowledge.
Alternative Names:
Failure to Terminate, Retention Claim
Why it Matters?
Retention claims are strong when the carrier's own records document escalating problems without corresponding action, which is a common pattern in driver-shortage conditions where carriers are reluctant to terminate. The annual review of driving records required by federal regulation is often the pivotal document, since it establishes exactly what the carrier knew and when. A review noting violations with no follow-up is difficult to explain.
Frequently Confused with
Related terms
Frequently asked questions
What triggers a retention claim?
Which document matters most?
