What is Negligent Hiring?

Negligent hiring occurs when an employee is hired who is not suitable to safely fulfill their role. The employer becomes liable for harm caused by the employee if that harm could have been avoided through attentive hiring procedures.

An employer has a duty of care to ensure that each job they fill is performed by someone who can do the job safely. The risk of negligent hiring is why employers usually conduct thorough background checks, including criminal records, before hiring. This is meant to ensure that people who have committed financial crimes are not put in charge of money, or those with DUIs are not placed behind the wheel, and so on.

Hiring employees who are unlicensed for their task, such as unlicensed roofers or electricians, may also constitute negligent hiring. An employer can be charged with negligent hiring in civil court if they fail to detect and prevent avoidable harm due to a lack of pre-employment screening or knowingly place an at-risk employee in a potentially harmful role.