June 28, 2022 | Continuous Activity Monitoring

The Risk of Negligent Retention: A 12-Month Case Study on Continuous Monitoring

What is negligent retention?

Could have known? Should have known. This long-standing and well-established employer standard of care has elevated negligent retention to top-of-mind for human resources and risk management professionals. When an employee’s act or omission causes harm that was “reasonably foreseeable,” the employer can be held liable. The act or omission needn’t be within the scope of employment, nor does the employer need to have actual knowledge of the employee’s dangerous propensities. If the employee had dangerous propensities the employer merely could have known about, liability can attach. This common law concept is not new. What is new(er) is the availability of continuous monitoring solutions that make it easy and efficient for employers to “have known" about an employee’s recently revealed dangerous propensities.

To demonstrate the risk-mitigation value of our unique court access monitoring, we monitored a CRA’s transportation industry customer’s employee population for a year.  We compared the data at the 20-week point and the 52-week point of the same population. After a full year of continuous employee monitoring, the findings are astounding.

The results show how much and how often employee background checks can change over time, and how much actionable data a near real-time court records monitoring solution can uncover.

Here are some key findings:

  • Total number of employees with new court records increased 60% from week 20 to week 52 (629 vs 1009).
  • Total felony offenses increased 355% from week 20 to week 52 (78 vs 355).
  • Theft/larceny offenses increased more than any other category from week 20 to week 52 (1133% increase).

View the 12-month summary here:



Negligent retention creates significant employer risk. Our continuous court access monitoring solution empowers consumer reporting agencies to mitigate this risk for their customers. 

Ready to start mitigating employer risks? Contact us to learn more about InformData's continuous court access monitoring solution today.