Negligent Hiring
Page Contents
- Federal
- Summary
- What Is a Negligent Hiring Claim?
- Acts Performed Within the Scope of Employment
- Acts Performed Outside the Scope of Employment
- Statistics
- Litigation Trends
- Verification of Prospective Employee's Fitness for Duty
- Reference Checks
- Criminal Background Check
- Credit Check
- Drug Test
- Social Media and Internet Check
- Best Practices for Hiring New Employees
- Job Application
- Interview
- Background Check
- Red Flags Every Employer Should Recognize
- Future Developments
- Additional Resources
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Federal
Author: Steven J. Luckner, Coughlin Duffy LLP
Summary
- 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.
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State Requirements
The following states have additional requirements for this topic under applicable state law.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming