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Negligent Hiring: New Mexico

Negligent Hiring requirements for other states

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

Author: XpertHR Editorial Team


  • In New Mexico, employers can be held liable for negligence in hiring an individual who injures a third party during the course of his or her employment, if the employer knew or should have known the employee was unfit for the position, considering the type of position and individuals with whom the employee was likely to have contact in that position. See Elements of a Negligent Hiring Claim.
  • Employers can minimize the risk of negligent hiring claims by thoroughly checking a candidate's references and confirming the candidate's work history prior to making an employment offer. See References and Background Checks.
  • In order to minimize exposure to negligent hiring claims, employers should conduct more extensive background checks where the position in question requires operation of vehicles, significant contact with the public, responsibility for the security or safety of third parties, or handling money or sensitive information. See Minimize Exposure to Liability.