Negligent Hiring

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in Employment Background Check,Employment Law,Hiring,Human Resources

If you fail to do background checks on applicants for certain positions, you could make yourself vulnerable to a negligent-hiring lawsuit by any worker or customer who’s been hurt by a violent employee. You should check applicants’ backgrounds for positions such as day care worker, security guard and sales representative.

A number of court decisions have established the principle that an employer has a “duty of care” to protect workers, customers and clients from injury caused by an unfit employee who an employer knew (or reasonably could have been expected to know) posed a risk.

For an employer to be held liable for negligent hiring, the plaintiff must prove that (1) an employee intentionally injured a co-worker, customer or client; (2) few, if any, pre-employment checks were performed, and that if they had been, those checks would have likely revealed a worker’s propensity toward violent behavior; or (3) the employer, k...(register to read more)

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