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Negligent Hiring: Oklahoma

Negligent Hiring requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Alan L. Rupe and Aaron Sauerwein, Kutak Rock LLP

Summary

  • Generally, an Oklahoma employer is liable for a wrongful act of its employee if the employee commits the act while working within his or her scope of employment. See Liability for an Employee's Conduct.
  • Oklahoma recognizes a cause of action for negligent hiring against employers. In essence, a claim of negligent hiring requires that the employer have knowledge of the employee's propensity to commit a type of harm in advance of that employee committing the harm. See Negligent Hiring Claims in Oklahoma.
  • To minimize liability, Oklahoma employers should conduct background and reference checks in accordance with state and federal law. See Minimize Exposure to Liability.