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What Is Negligent Hiring?

When an employee harms someone on the job, his employer can be charged with negligent hiring if a court determines the employer knew or should have known through a background check that the employee was dangerous.

The following are a few scenarios where a negligent hiring suit could occur:

  • A resident manager with a theft record steals from apartment tenants.
  • A sex offender lands a job as a security guard and sexually assaults a customer.
  • A contracted employee with a history of violence gets into an argument with a client on site and assaults him.

 

The reasoning behind negligent hiring laws is that previous behavior predicts future results. In the eyes of the court, an employer who decides to hire someone with a checkered past for a job where he’ll interact with others on a regular basis is endangering others and should be punished.

With the advanced background screening services available today, judges will not treat ignorance of the past as an excuse. If an employer would have discovered an applicant’s history through an average background check, he will be treated the same as a person who knew about a dangerous applicant’s past and hired him anyway.

Employers are increasingly being held responsible for negligent hiring, and more than 70% of employers involved in negligent hiring cases lose their lawsuits. These lawsuits can cripple a business, since both actual and punitive damages are assessed and judgments can reach millions of dollars.

Corporate Screening can help you avoid negligent hiring lawsuits by providing you with quality background checks. Order a background check for your business today.

Return to the Background Check FAQ page.

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