Exercise Reasonable Care When Hiring New Employees

Key Points

  • If an employer fails to exercise reasonable care in the hiring process, it can be held responsible for the harm caused by its employee if the employer either knew, had reason to know or could have foreseen that hiring the prospective employee created a risk of harm to other people.
  • In order to avoid exposure to a negligent hiring claim, employers must perform due diligence on the prospective employee to verify his or her fitness for duty. This may include requiring the prospective employee to complete a job application, interviewing the candidate and performing a background check.
  • Employers should check federal,state and local law requirements before performing a background check, such as a criminal background check or credit check.

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