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Topic: Negligent hiring

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	Negligent Hiring and Due Diligence
		Negligent hiring is an independent cause of action; in other words, it constitutes the basis for a legal claim by an injured party.
		The landlord’s negligent hiring was the proximate cause of the plaintiff’s injuries.
		A taxicab company was held liable for negligence in hiring a criminally violent driver who raped and robbed a woman in the presence of her two young children.
	www.verires.com /nhiring.htm (1058 words)

	Negligent hiring - Wikipedia, the free encyclopedia
		Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement.
		Negligent hiring is generally found where the employee who actually caused the injury had a reputation record that showed his propensity to misuse the kind of authority given by the employer, and this record would have been easily discoverable by that employer, had a diligent search been conducted.
		For example, a victim of sexual harassment in the workplace may have a cause of action for negligent hiring on the part of her employer if she can show that the employer was aware of the harasser's termination from a previous position for the same behavior.
	en.wikipedia.org /wiki/Negligent_hiring (262 words)

	BackCheck :: Negligent Hiring News (Site not responding. Last check: 2007-10-30)
		The hiring decision was based upon (i) a personal interview, (ii) his employment application, and (iii) contacting one of his previous employers.
		The patient sued the hospital for negligent hiring and supervision.
		Given this situation, the court concluded that the employer was liable for negligent hiring.
	www.backcheck.net /negligent2.htm (542 words)

	CONTRACTORS NOT LIABLE FOR NEGLIGENT HIRING (Site not responding. Last check: 2007-10-30)
		In all of the early negligent hiring cases, plaintiffs were "third persons," that is, innocent bystanders having no contractual or other connection with either the hiring party or the independent contractor itself.
		As the hiring party has paid workers' compensation costs to all contractors, it makes no difference whether the harm results from the incompetence of the employee's own employer or that of another contractor on the job, Tort liability in either case means double damages for the hiring party and a double recovery for the employee.
		The hiring party be "at fault" for hiring a negligent contractor, but any liability is vicarious in that it derives from the acts and omissions of the contractor because it is the contractor -- not the hiring party -- who has caused the injury by failing to use reasonable care in performing the work.
	www.smrlaw.com /neglhir.htm (2255 words)

	Negligent hiring (Site not responding. Last check: 2007-10-30)
		Mary 's firm is guilty of negligent hiring negligent hiring.
		Negligent hiring holds that an employer may be liable for employee acts even if they are outside the scope of.
		Negligent Hiring: Negligent hiring is a relatively new tort theory.
	www.finebabies.com /negligent+hiring.html (314 words)

	Corporate Liability: Sharing The Blame for Workplace Violence
		Negligent hiring occurs when, prior to hiring, the employer knew or should have known that a particular applicant was not fit for the job.
		Unlike the theory of respondeat superior, negligent hiring and retention allows the employer to be held liable for actions of employees outside the scope of their duties.
		The employer’s negligence in hiring or retaining the employee as the proximate cause of the plaintiff’s injuries.
	www.workviolence.com /articles/corporate_liability.htm (1919 words)

	Running a background check - preventing negligent hiring
		Negligent hiring, a hot topic in the courts, occurs when employers are held liable by someone who is injured by an employee who has committed a violation on the job.
		Negligent hiring is based on employers' failure to uncover job applicants' incompetence by checking references, criminal records or general background information.
		Negligent retention can be a result of employers' failure to discover employees' inadequacy for a particular position and employers' subsequent failure to take corrective action, such as training, re-assignment or discharge.
	netdetective-info.com /articles/background/4.htm (734 words)

	Expertwitness.com - (negligent hiring) - NEGLIGENT HIRING SPECIALISTS, EXPERTS WITNESSES and FORENSIC CONSULTANTS. (Site not responding. Last check: 2007-10-30)
		Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement.
		Negligent hiring is generally found where the employee who actually caused the injury had a reputation record that showed his propensity to misuse the kind of authority given by the employer, and this record would have been easily discoverable by that employer, had a diligent search been conducted.
		For example, a victim of sexual harassment in the workplace may have a cause of action for negligent hiring on the part of her employer if she can show that the employer was aware of the harasser's termination from a previous position for the same behavior.
	www.expertwitness.com /clst/329/negligent-hiring-experts.htm (653 words)

	Negligent Hiring Practices
		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.
		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.
	hr.nau.edu /m/content/view/158/169 (99 words)

	Employee Lawsuits: Negligent Hiring and Retention
		These negligence theories are premised on the unreasonable conduct of an employer in placing a person with certain known propensities for criminal or tortious behavior in an employment position where the individual poses a threat to others.
		Although the jury found that the plaintiff did not prove that the Housing Commission was negligent in hiring the inspector, the court of appeals overturned the verdict because the lower court had excluded evidence concerning the inspector's criminal convictions and the accessibility of that information to the Housing Commission.
		The court of appeals stated that the question of whether the plaintiff had established a relationship between the hiring of the housing inspector, his criminal record, and the rape was one for the jury to decide.
	www.uslaw.com /library/article/carel5NegligentHiring.html?area_id=43 (1631 words)

	Negligent hiring backgroundchecks and employee screening.
		The tort of negligent hiring imposes liability on an employer for acts of it employees which may be clearly beyond the scope of their employment and are frequently criminal in nature.
		In addition to negligently hiring an employee, an employer may be directly liable to a third party for negligently retaining an employee.
		In at least one case, an employer was found liable under a negligent hiring theory even though it offered testimony concerning an extensive background check of an employee where it was unable to present written evidence of what it had done.
	www.hr-background-checks.com /NegligentHiringEmployeeScreening.html (1638 words)

	Corporate Inquiry Systems--General Searches
		The hiring decision was based upon (i) a personal interview, (ii) his employment application, and (iii) contacting one of his previous employers.
		The patient sued the hospital for negligent hiring and supervision.
		Given this situation, the court concluded that the employer was liable for negligent hiring.
	www.corporateinquiry.com /neghiring.htm (554 words)

	Negligent Hiring
		Simply demonstrate that the individual should not have been hired in the first place or that the individual had a propensity toward violence and that the employer knew this and failed to remedy the situation either through remedial means or by termination.
		Primarily this means conducting a thorough background investigation on new hires and further, failing to take 'adverse action' when it is discovered that the applicant or the employee not only has a temper but a proclivity for acting out.
		Negligent hiring and negligent retention evolved from Common Law where their foundation could be found in the 'fellow servant' rule which was to protect employers from liability when employee injured employee through misconduct, carelessness or negligence.
	www.dallassecurity.com /Published_Articles/Negligent_Hiring/negligent_hiring.html (1295 words)

	Morrison & Foerster : Legal Updates & News : Bulletins : <i>Camargo v. Tjaarda Dairy</i>: Employer ...
		A recent court of appeal case held that an employer hiring an independent contractor may be liable for injuries to the independent contractor's employees under a theory of negligent hiring, despite two recent California Supreme Court decisions that appeared to eliminate the possibility of such liability.
		The general common law rule is that a hiring employer is not liable for injuries caused by the negligence of an independent contractor because the hiring employer does not control the manner and means of performing the work.
		Thus, a hiring employer was liable for injuries to an independent contractor's employees caused by the negligence of the independent contractor.
	www.mofo.com /news/updates/bulletins/bulletin402.html (1102 words)

	How to avoid negligent hiring practices by using background checks
		If you hire someone and fail to use “reasonable care” to verify their fitness for duty, an individual could sustain injury as a result of the employee’s negligence.
		Negligent hiring is based on the principal that employers have an obligation to protect their employees and clients from injury caused by their employees.
		Negligent hiring occurs when a company fails to contact an applicant's former employers, check references, or conduct a criminal background check prior to hiring the employee.
	www.diversifiedriskmanagement.com /articles/negligent-hiring.html (462 words)

	Negligent Hiring by Shawn Smith: The Sideroad
		Negligent hiring is a legal theory under which employers can be held responsible for injuries caused by their employees if it can be shown that they failed to make reasonable inquiries into the employee's background and suitability for the position.
		An employer may be found liable for negligent hiring when an employee causes harm to a coworker, customer or member of the general public-- whether or not the employee is acting within the scope of his/her job duties.
		For example, employers have been found liable for negligent hiring in situations when an employee with a history of criminal violence attacked a co-worker, and when a home care worker with a record of sexual assault raped a client in her home.
	www.sideroad.com /Human_Resources/negligent_hiring.html (878 words)

	Employer Negligent Hiring Claims
		The legal theory of negligent* hiring is based on the premise that an employer can be liable for the violent acts or wrongdoing of its employees if it did not investigate adequately their backgrounds or qualifications.
		Negligent hiring claims often involve employees both who are in a position to pose a threat of injury to the public (such as a driver or delivery person) and who subsequently attack another employee or an outside third party (such as a client or customer).
		Your last line is to have clear documentation showing you took the reasonable steps a prudent employer is expected to take to avoid a negligent hiring action.
	www.referenceservices.com.au /refcheck/employerneghire.htm (980 words)

	Liability and Screening: Proceed with Caution (Site not responding. Last check: 2007-10-30)
		Negligent hiring is a legal theory based upon the negligence of an employer in placing a person with known propensities, or propensities that should have been discovered by reasonable investigation, in a position in which it should have been foreseeable that the person posed a threat of injury to others (Ponticas v.
		Under the theory of negligent hiring, an employer can be liable for an employee's intentional tort - an action invariably outside the scope of employment - when the employer knew or should have known that the employee was violent or aggressive and might engage in harmful conduct (Di Cosala v.
		Failure to use the mandated screening tool may render the organization negligent per se (as a matter of law) if the harm that occurs is of the nature the law was intended to prevent.
	www.nonprofitrisk.org /nwsltr/archive/employment01021999-p.htm (1213 words)

	TH&T \| Publications \| Article Search Results (Site not responding. Last check: 2007-10-30)
		The Florida Legislature passed a sweeping tort-reform bill which stands to protect employers from negligent hiring claims and claims involving references.
		Under the new law, employers are protected from negligent hiring claims when they take specified precautionary measures in advance of the hiring.
		Specifically, the law states that there is a rebuttable presumption that an employer was not negligent in hiring if it performed one of five pre-employment checks specified in the statute and the check did not reveal information that reasonably demonstrated the job candidate was unsuitable.
	www.tht.com /pubs/SearchMatchPub.asp?ArticleID=440 (163 words)

	What's Negligent Hiring? - Human Resources Career Advice from Monster.com (Site not responding. Last check: 2007-10-30)
		In a nutshell, negligent hiring is the failure to use reasonable care in the employment selection process.
		The most important thing to remember is that negligent hiring has more to do with the failure to exercise reasonable care in the hiring process than anything else does.
		From a legal standpoint, an employer could be held liable for negligent hiring if he "knew or should have known" the information provided about a candidate was false and, as a result, a fellow employee or other innocent third party was harmed in some way.
	hr.monster.com /articles/negligent (844 words)

	Negligent Hiring Law and Legal Definition - USlegalforms.com (Site not responding. Last check: 2007-10-30)
		Negligent hiring is a claim made by an injured party against an employer based on the theory that the employer knew or should have known about the employee's background which, if known, indicates a dangerous or untrustworthy character.
		Roughly half of the states legally recognize that an employer is responsible for, and can be held accountable for, checking the background and references of any job applicant before placing that applicant in a position of high public contact.
		Employers have been found liable for negligent hiring or retention of dangerous or incompetent employees in most states, including, among others, Alaska, California, Florida, Georgia, Illinois, Kansas, Maryland, New Mexico, and New York.
	www.uslegalforms.com /legaldefinitions/negligent-hiring (385 words)

	As Negligent Hiring Lawsuits Rise, PEOs Increasingly Become Targets
		The tort of negligent hiring imposes liability on an employer for acts of it employees which may be clearly beyond the scope of their employment and are frequently criminal in nature.
		In addition to negligently hiring an employee, an employer may be directly liable to a third party for negligently retaining an employee.
		In at least one case, an employer was found liable under a negligent hiring theory even though it offered testimony concerning an extensive background check of an employee where it was unable to present written evidence of what it had done.
	www.clarkhill.com /law_media/ris.html (1473 words)

	Negligent Hiring - Employment screening services Info Cubic
		Negligent hiring lawsuits are on the rise, and are something every company should be aware of and prepared for.
		Your company can be legally liable for negligent hiring if you fail to uncover a job applicant's incompetence when checking their criminal records, references or general background.
		Negligent hiring lawsuits can cost a company millions of dollars, and as an employee partially responsible for hiring, they can also cost you your job.
	www.infocubic.net /preemploymentscreening/negligenthiring.html (310 words)

	Courts Divided On Coverage For Negligent Hiring And Retention Claims (Site not responding. Last check: 2007-10-30)
		Indeed, the issue of whether the negligent hiring and retention of an employee can constitute an "occurrence" in the context of a general liability policy issued to an employer, where the employee has committed an intentional tort, is a question that has divided courts around the country.
		Several courts have held that because the decision to hire or retain an employee is an intentional business decision, even when the decision is negligently made, it is not accidental.
		The court concluded that Cluck's allegation in the complaint of negligent hiring did not determine the duty to defend, noting that, "there can be situations where the duty to defend cannot be determined solely from the pleadings.
	www.rivkinradler.com /rivkinradler/Publications/newformat/200312feldman.shtml (1647 words)

	The Risks of Negligent Hiring (Site not responding. Last check: 2007-10-30)
		Under the 'negligent hiring' theory that emerged about 15 years ago, employers who know, or should have known, that an employee posed a threat to the public may be liable for damages -- even if the employee's transgressions were outside the scope of employment.
		The negligent hiring doctrine goes a step further.
		It would provide grounds for damages if the cab company hired a convicted rapist without checking his record and the man returned to the home of a female passenger to assault her.
	www.usuncover.com /risks_of_negligent_hiring.htm (320 words)

	Hiring Overview - Laws and Best Practices - ELT
		Negligent hiring is typically defined as follows: "A person conducting an activity through servants or other agents is subject to liability for harm resulting from his conduct if he is negligent or reckless.
		Unlike vicarious liability, where an employer is liable for the acts of its employees who commit torts while at work, the law of negligent hiring places responsibility directly on the employer for the failure of hiring managers to conduct reasonable background investigations.
		A background investigation before hiring any applicant is necessary, given the risks to safety, potential of lawsuits from co-employees and third parties who may otherwise be harmed, and the risk to the employer of hiring a dishonest, unreliable, unqualified or even dangerous individual.
	www.elt-inc.com /Innovative_Hiring_Strategies.html (14566 words)

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