Negligent Hiring: Federal

Author: Steven J. Luckner, Ogletree Deakins

Summary

• A majority of states have adopted a claim for negligent hiring against employers. See Litigation Trends.
• Negligent hiring means that the employer either knew, or should have known, that the person it hired could be dangerous to others. See What Is a Negligent Hiring Claim?
• Negligent hiring claims apply to incidents that occur outside the scope of an employee's employment. See Acts Performed Outside the Scope of Employment.
• Employers must perform proper due diligence in conducting reference checks, background checks and other screening techniques to avoid liability for negligent hiring claims. See Verification of Prospective Employee's Fitness for Duty.
• Employers must know how to evaluate the information they receive in conducting their due diligence as well as comply with federal and state laws. See Red Flags Every Employer Should Recognize.