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Negligent Hiring: Massachusetts

Negligent Hiring requirements for other states

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

Author: Kristy L. Avino and Catherine E. Reuben, Hirsch Roberts Weinstein LLP


  • Massachusetts recognizes negligent hiring claims against employers. See Negligent Hiring.
  • An employer may be liable for the negligent hiring of its employee if the harm committed by the employee was foreseeable. See Negligent Hiring.
  • Employers can minimize the risk of negligent hiring claims by exercising due care in the hiring process, including verifying information on resumes and application forms, checking references and utilizing background checks. See Minimize Exposure to Negligent Hiring Claims.
  • If an employer obtains criminal offender record information (CORI) from the Department of Criminal Justice Information Service (DCJIS) and makes a hiring decision based on such report within 90 days of receipt, the employer cannot be held liable in a negligent hiring lawsuit that alleges that additional criminal background checks should have been conducted. See Background Checks.