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Employer Liability for Employees and Contractors

·

By

ACL

The short answer

A business is generally liable for an employee’s negligence within the scope of employment. It is usually not liable for independent contractors, with exceptions. It can also be directly liable for negligent hiring, retention, or supervision.

Where it fits in your case

When an employee or contractor’s conduct leads to a claim against the business.

What to expect

  • Scope of employment covers conduct of the kind the employee was hired to do, during work, at least partly to serve the employer.

  • Independent contractors. Liability may arise if the business retained control over the work or the duty cannot be delegated.

  • Negligent hiring and supervision require that the employer knew or should have known of the risk.

  • Off-duty conduct is generally outside the scope of employment.

What we need from you

Employment or contractor agreements, job descriptions, and personnel records relevant to the incident.

Common misconceptions

  • “Calling them contractors protects us.” The actual relationship controls.

  • “We’re never liable for intentional acts.” Sometimes, depending on scope.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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© 2026 Allison Cho Law LLC. All rights reserved.

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