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, or had reason to know, of that employee's unfitness, incompetence or dangerous attribute and could have foreseen that such qualities created a risk of harm to other people. An employer that fails to exercise reasonable care in the hiring process of its employees can expose itself to a negligent hiring claim.
  • In order to avoid exposure to a negligent hiring claim, employers must perform due diligence on the prospective employee in order to verify his or her fitness for duty. This includes requiring the prospective employee to complete a job application, interviewing the candidate, and performing a background check.
  • Employers should check with federal and state law requirements before performing a background check, such as a criminal background check and credit check.

XpertHR Resources