What may protect a senior executive from liability in an employee lawsuit?

Demonstrating due care and due diligence is a crucial factor that may protect a senior executive from liability in an employee lawsuit. This concept encompasses the idea that an executive acted responsibly, taking appropriate steps to ensure that the organization adhered to legal and ethical standards in its operations. By showing that they implemented necessary policies, trained employees, and created a workplace that minimized potential issues, the executive can establish that they did not neglect their duty towards the employees.

Due care implies a commitment to exercising a reasonable level of caution and governance, while due diligence involves actively monitoring and assessing the organizational practices and compliance issues. If an executive can prove that they consistently engaged in these practices, it reinforces their defense against claims of negligence and liability. In many legal contexts, this demonstrates that the executive fulfilled their responsibilities to protect both the organization and its employees.

The other options do not provide substantial grounds for liability protection. Being out sick during an incident does not absolve an executive from responsibility; security policies not covering the incident may reflect a lack of due care; and an employee being under investigation does not relate to the executive's actions or the organization's practices. Thus, demonstrating due care and due diligence remains the strongest defense in this context.