(Jump to state content for this section)
Author: Steven J. Luckner, Ogletree Deakins
- A majority of states have adopted a claim for negligent hiring against employers. See Litigation Trends.
- Negligent hiring means that the employer either knew, or should have known, that the person it hired could be dangerous to others. See What Is a Negligent Hiring Claim?
- Negligent hiring claims apply to incidents that occur outside the scope of an employee's employment. See Acts Performed Outside the Scope of Employment.
- Employers must perform proper due diligence in conducting reference checks, background checks and other screening techniques to avoid liability for negligent hiring claims. See Verification of Prospective Employee's Fitness for Duty.
- Employers must know how to evaluate the information they receive in conducting their due diligence as well as comply with federal and state laws. See Red Flags Every Employer Should Recognize.
The following states have additional requirements for this topic under applicable state law.
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia