When an employee harms a customer, coworker, or member of the public, the victim may sue not only the employee but also the employer. One common claim is negligent hiring: the employer knew, or should have known, that the employee posed a risk.
What is negligent hiring?
Negligent hiring occurs when an employer fails to use reasonable care in hiring and that failure leads to harm. Courts often ask:
- Was the employee unfit for the position?
- Would a reasonable employer have discovered the risk?
- Did the employer’s failure to discover it contribute to the harm?
Related claims
Negligent retention: Keeping an employee after learning they pose a risk.
Negligent supervision: Failing to properly supervise an employee.
Negligent entrustment: Allowing an unfit employee to use a vehicle or equipment.
Positions with higher risk
Negligent hiring risk is greater for positions involving:
- Entering customers’ homes
- Working with children, the elderly, or vulnerable people
- Driving vehicles
- Handling money or sensitive data
- Access to weapons or dangerous equipment
- Security roles
How background searches help
A thorough background search shows that you took reasonable steps to learn about an applicant before placing them in a position of trust. Depending on the role, this may include:
- Criminal background searches
- Sex offender registry searches
- Motor vehicle reports
- Employment verification
- Drug testing
Balance with fairness
Screening doesn’t mean rejecting everyone with a record. Use job-related criteria, individualized assessments, and FCRA procedures. The goal is to make informed, reasonable decisions.
Keep good records
Document the screening you conducted and the decisions you made. Records can be important if your hiring process is ever challenged.
Elite Services background searches
Elite Services Workplace Screening provides comprehensive background searches, MVRs, and drug testing nationwide, helping employers make informed, defensible hiring decisions. Call 888-738-9297 to learn more.
Ready to protect your workplace? Elite Services Workplace Screening provides nationwide drug testing, DOT compliance, background searches, MVRs, and E-Verify. Call 888-738-9297 or contact us online to get started.
This article is for general information only and is not legal advice. Laws and regulations change; consult qualified counsel about your specific situation.