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Negligent Hiring: Texas

Negligent Hiring requirements for other states

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

Authors: Shafeeqa W. Giarratani and Kimberly King, Norton Rose Fulbright


  • A Texas employer may be held directly liable for its negligence in failing to use ordinary care in its hiring of an employee who commits a wrongful act. See Duty of Reasonable Care.
  • To prevail on a negligent hiring claim, an injured party must show that the alleged negligent hiring proximately caused his or her injuries. See Foreseeabilty of Harm.
  • If a background check would not have revealed the risk, a negligent hiring claim will also fail. See Background Checks.
  • An employer may be held directly liable for hiring an independent contractor when the independent contractor's negligent conduct causes harm to another. See Independent Contractors.
  • There are steps Texas employers can take to significantly reduce their risks. See Best Practices.