Negligent Hiring: New Jersey
Federal law and guidance on this subject should be reviewed together with this section.
Author: Steven J. Luckner, Ogletree Deakins
Summary
- New Jersey recognizes a claim for negligent hiring against employers. Di Cosala v. Kay, +91 N.J. 159 (1982). See The Scope of Employment.
- Negligent hiring claims only apply to acts performed outside the scope of employment. See The Scope of Employment.
- Background checks are evaluated in view of the totality of the circumstances surrounding the hiring. See Background Checks.