Negligent Hiring: Oklahoma
Federal law and guidance on this subject should be reviewed together with this section.
Author: Alan L. Rupe and Aaron Sauerwein, Kutak Rock LLP
- Generally, an Oklahoma 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 an Employee's Conduct.
- Oklahoma recognizes a cause of action for negligent hiring against employers. In essence, a claim of negligent hiring requires that the employer have knowledge of the employee's propensity to commit a type of harm in advance of that employee committing the harm. See Negligent Hiring Claims in Oklahoma.
- To minimize liability, Oklahoma employers should conduct background and reference checks in accordance with state and federal law. See Minimize Exposure to Liability.