Trio of State Laws Protect Employers from Negligent Hiring Claims: Employment Law Manual Sections Updated, Legal Timetable Entries Added

Authors: Melissa A. Silver, David B. Weisenfeld and Marta Moakley, XpertHR Legal Editors

Tennessee, Georgia and Minnesota have recently enacted laws that will provide a negligent hiring defense for employers in those states.

Effective July 1, 2014, an employee's certificate of employability may provide a negligent hiring defense for Tennessee employers.

Further, effective July 1, 2014, a new Georgia law will shield an employer from negligence claims arising from the hiring or retention of an employee if the individual has completed treatment or was pardoned.

In Minnesota, effective January 1, 2015, an employee's or former employee's criminal history record that has been expunged may not be introduced as evidence against a private employer or its employees or agents in certain circumstances.

The following state sections of the Employment Law Manual have been updated to reflect these new developments:

Recruiting and Hiring > Negligent Hiring: Tennessee

Recruiting and Hiring > Preemployment Screening and Testing: Tennessee

Employee Management > Performance Appraisals: Tennessee

Recruiting and Hiring > Negligent Hiring: Georgia

Recruiting and Hiring > Preemployment Screening and Testing: Georgia

Employee Management > Performance Appraisals: Georgia

Recruiting and Hiring > Negligent Hiring: Minnesota

In addition, entries have been added to the Legal Timetable.