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HR Support on Negligent Hiring & Retention Issues
Editor's Note: Exercise due diligence before hiring.
Overview: The benefits of conducting preemployment screening of job applicants cannot be overstated. Virtually every state recognizes a claim of negligent hiring against an employer if it fails to exercise reasonable care in the hiring process to ensure that a new employee is fit for the position and a third party is injured due to the employer's failure. Typically, in order to prevail, the injured party must prove that the employer knew or should have known that the employee had a propensity to engage in the alleged conduct and that he or she was reasonably likely to engage in such conduct.
Therefore, in order to avoid exposure to a negligent hiring claim, employers must perform due diligence on prospective employees in order to verify his or her fitness for duty. This includes requiring the prospective employee to complete a job application, interviewing the candidate, performing employee background checks, and verifying the information that an employee has provided to the employer on a resume and/or a job application. Sometimes the position that the employee is applying for will dictate the level of reasonable care required. In all cases, employers must be mindful of federal and state law variations when performing these screening methods.
Trends: The cost and expense of negligent hiring claims increases every year. Employers often lose negligent hiring cases and the settlement and/or verdict of such claims can reach $1 million, if not more. Therefore, the cost of performing a background check pales in comparison to being involved in a potential costly and protracted litigation.
Melissa A. Silver, J.D., Legal Editor
Latest items in Negligent Hiring
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Preemployment Screening and Testing: Minnesota
In-depth review of the spectrum of Minnesota employment law requirements HR must follow with respect to preemployment screening and testing.
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Preemployment Screening and Testing: Maryland
In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to preemployment screening and testing.
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Preemployment Screening and Testing: Colorado
In-depth review of the spectrum of Colorado employment law requirements HR must follow with respect to preemployment screening and testing.
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Interviewing and Selecting Job Candidates: Utah
In-depth review of the spectrum of Utah employment law requirements HR must follow with respect to interviewing and selecting job candidates.
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High-Tech/Software and Communications Resource Center for HR: Preemployment Screening and Testing
XpertHR's High-Tech Resource Center for HR: Preemployment Screening and Testing helps high-tech employers handle their most challenging employment issues by bringing relevant resources together in one place for easy access.
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Interviewing and Selecting Job Candidates: New Mexico
In-depth review of the spectrum of New Mexico employment law requirements HR must follow with respect to interviewing and selecting job candidates.
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Interviewing and Selecting Job Candidates: Virginia
In-depth review of the spectrum of Virginia employment law requirements HR must follow with respect to interviewing and selecting job candidates.
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No Obligation to Conduct Background Checks in 5th Circuit
The Fifth Circuit Court of Appeals has held that an employer cannot be held liable for hiring a violent felon without conducting a background check. Texas employment attorney Mark Levine calls the decision "very significant," and says a contrary result would have created troubling liability concerns.
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Performance Appraisals: Arizona
In-depth review of the spectrum of Arizona employment law requirements HR must follow with respect to performance appraisals.
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Preemployment Screening and Testing: Idaho
In-depth review of the spectrum of Idaho employment law requirements HR must follow with respect to preemployment screening and testing.
About this topic
Guidance for HR on the risks of negligent hiring claims and how to prevent them.