Legal Definitions - negligent hiring

Negligent hiring describes a situation where an employer is held responsible for harm caused by an employee because the employer failed to exercise reasonable care during the hiring process.

Specifically, it means that an employer hired someone who they knew, or reasonably should have known, was unfit or unqualified for the position. This unsuitability then created an unreasonable risk of harm to others, and that harm subsequently occurred.

Here are some examples to illustrate this concept:

• Example 1: Unvetted Security Guard

  A retail store hires a new security guard without conducting any background checks. The applicant has a documented history of violent behavior and a criminal record for assault, which would have been revealed by a standard background investigation. A few weeks into the job, the security guard physically assaults a customer during an altercation in the store.

  This illustrates negligent hiring because the store failed to exercise reasonable care by not performing a background check. They *should have known* the applicant was unsuitable for a position requiring public interaction and de-escalation skills due to their violent history. This failure created an unreasonable risk that a customer would be harmed, which then occurred.

• Example 2: Reckless Delivery Driver

  A package delivery company hires a new driver. During the interview, the applicant mentions having several recent speeding tickets and a suspended license in a different state, but the hiring manager dismisses these concerns and does not verify the information or check the applicant's driving record. The driver is later involved in a serious accident while on duty, causing injury to another motorist, due to their reckless driving.

  This illustrates negligent hiring because the company failed to exercise reasonable care by not verifying the applicant's driving history, especially after the applicant's own disclosures. They *should have known* the driver was unsuitable for a position that requires safe operation of a vehicle. This created an unreasonable risk of an accident and harm to others on the road.

• Example 3: Unqualified Childcare Provider

  A daycare center hires a new caregiver for its infant room. The center conducts only a basic reference check and skips the mandatory criminal background check required by state law for all childcare employees. The caregiver has a prior conviction for child neglect, which would have been discovered through the required background check. The caregiver later causes harm to a child under their supervision due to negligence.

  This illustrates negligent hiring because the daycare center failed to exercise reasonable care by not performing a legally mandated background check. They *should have known* the caregiver was unsuitable for a position involving the care of vulnerable children due to their prior conviction. This failure created an unreasonable risk of harm to the children in their care.