Negligent Hiring

Workplace Prof Blog examines the elements of a negligent hiring claim.

Naturally, an employer cannot prevent a situation in which an employee who has shown no signs of violence or criminal activity suddenly erupts. What is frightening is how little screening is done by employers.

I'd like to see a study of which employers are least inclined to perform elementary background checks. My suspicion is that it is the smaller employers who provide exactly the sort of low-skilled work that a person with a criminal background might seek. If you've ever had a home remodeling project, you've probably seen people wandering in and out of your home. Do you think they were carefully screened?

There is also the issue of negligent retention in which the employer has reason to believe that a current employee might be dangerous but keeps the person on board. Later, after someone is injured by the employee, the employer's fat file of concerns is discovered and the logical question is, "If you were that worried about this person, why did you keep him on the job?"