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Negligent Hiring: New Jersey

Negligent Hiring requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Steven J. Luckner, Ogletree Deakins


  • 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.