Negligent Hiring: Texas
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Shafeeqa W. Giarratani and Kimberly King, Norton Rose Fulbright
- A Texas employer may be held directly liable for its negligence in failing to use ordinary care in its hiring of an employee who commits a wrongful act. See Duty of Reasonable Care.
- To prevail on a negligent hiring claim, an injured party must show that the alleged negligent hiring proximately caused his or her injuries. See Foreseeabilty of Harm.
- If a background check would not have revealed the risk, a negligent hiring claim will also fail. See Background Checks.
- An employer may be held directly liable for hiring an independent contractor when the independent contractor's negligent conduct causes harm to another. See Independent Contractors.
- There are steps Texas employers can take to significantly reduce their risks. See Best Practices.