Negligent Hiring: Kansas
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Alan L. Rupe and Aaron Sauerwein, Kutak Rock LLP
- Generally, a Kansas employer is liable for a wrongful act of its employee if the employee commits the act while working within his or her scope of employment. See Liability for Employee's Conduct.
- Kansas recognizes a cause of action for negligent hiring. See Negligent Hiring.
- To minimize liability, Kansas employers should follow their internal policies and procedures, as allowed by applicable law, in conducting background and reference checks and making other inquiries during the hiring process. See Minimizing Liability from Negligent Hiring Claims.