What is “Negligent Hiring”?
EMPLOYERS SHOULD HIRE AND TRAIN STAFF CAREFULLY
Under California law, when an employer or business:
1. Hires an employee;
2. Under circumstances where the employer knew (or should have known) that the employee created a risk of danger to others; and
3. The employee does cause harm (of the type about which the employer knew or should have known)
The employer is generally held liable for the resulting damage, harm, or loss.
“Negligent hiring” is a cause of action that covers the situations described above, where an employer or business hires a person who creates a risk of harm, and the harm occurs. In order for negligent hiring to apply, the employer must have known, or had reason to know, about the risk or danger created by the employee. Additionally, the risk must be an unreasonable or undue risk–generally more than “clumsiness,” though the exact nature of the risk, and the point at which liability attaches, varies based on a variety of circumstances.
Negligent hiring is a complex and often fact-specific cause of action. Do not attempt to evaluate your legal rights (or obligations) on your own, and do not rely on this or any other online (or printed) article to evaluate your legal rights and obligations. Consult an experienced attorney promptly to discuss your legal obligations, rights, and any possible claims or duties.
NEGLIGENCE CAN OCCUR IN HIRING, TRAINING, SUPERVISION, AND RETENTION
Negligence can apply to employers’ actions, and create liability for employers, in connection with the way employees are hired, trained, supervised, and/or retained (“not fired”). Employers should consult experienced employment attorneys for a review of the company’s hiring, training, supervisory and retention/firing procedures. Moreover, employers should have policies in place (and in writing) detailing the way company personnel should be hired, trained, supervised, and dismissed. An employment lawyer should review these policies to ensure compliance with applicable law, and to ensure the employer is supervising, screening, and training employees in a way that does not create unreasonable risks of harm to others.
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Disclaimer: THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR AND ANY PERSON. Your rights and experiences may vary. Never use an online article (including this one) to evaluate your legal claims. Speak with an experienced lawyer promptly to obtain a personalized evaluation of your claims, possible damages, and options. You may lose or compromise your rights if you delay in consulting legal counsel. Negligence claims are complicated and fact-dependent. If you believe you have a claim against someone who injured you, a lawyer who represented you in a previous lawsuit, or any other type of legal claim, consult an experienced lawyer immediately for an evaluation of your personal rights and claims.
