Negligent Hiring Practices

DEFINITION:

Negligent hiring normally refers to an employer’s obligation not to hire an applicant that they knew or should have known was likely to undertake conduct against other individuals or otherwise subject employees or third parties to actions which can create legal liability.

DUE DILIGENCE STANDARD:

Depending on the particular responsibilities and trust placed upon an employee, there is a correlation with the diligence required in attempting to investigate the individual’s background before hiring. An employer’s obligation to its employees and third parties for negligent hiring will depend upon whether that employer acted as a reasonable prudent employer would in hiring such employees.