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Negligent Hiring Lawsuits

Negligent Hiring Law Suits 

  As a business owner, wanting what’s best for your company comes second nature, so ensuring a candidate works well with your company plays a key role in building the right culture and representation for your company. However, making a bad hire can cause discontented clients, unmotivated employees, and can impair customer relationships. These few bad employees can make the work you do more difficult, and in some cases, can lead to hefty lawsuits against your behalf.

What’s a Negligent Hiring Law Suit?

Negligent hiring lawsuits are caused by employees, clients, or customers making a negligent hiring claim against an employer. These claims are made in instances in which an individual is injured by an employee “that the employer knew or should have known about the employee's background which, if known, indicates a dangerous or untrustworthy character.” These employees have similar history reflecting their behavior that initially caused the injury, and claims, in the first place.  

In essence, if the employer does not take their due diligence to research their prospective employee's backgrounds, they may have to pay for it in form of a lawsuit. Negligent hiring lawsuits can make serious damage to a company's reputation and with leave them with a great deal of legal trouble.

Example of Negligent Hiring Claims

  One example of a negligent hiring case is from Arkansas. In the case the  Federal Court of the state awarded $7 million in damages to a family of a truck driver that was killed in a work-related accident. The worker was riding passenger in the vehicle when the driver caused the fatal accident. The lawyers argue that if the employer conducted a background check on the driver of the vehicle, it would have exposed an unsafe driving history and two cases of a revoked license.

How Can You Prevent Them?

  Cases such as the one above help prove that background checks are vital in avoiding negligent hiring claims and saving the employer legal and financial ramifications. If a candidate states fictitious information in regard to their education, employment, or criminal history, a thorough background check can extricate the valuable time and resources being wasted on that candidate. These checks can include, but are not limited to:
  • A thorough search of criminal history
  • Contact of previous employers
  • Drug Testing
  • Validate qualification claims (i.e., highest level of education)

These are some of the testing that can help business avoid lawsuits and also ensure a safe work environment for themselves and their employees. Keep in mind that when conducting a background check it needs to be nondiscriminatory and the tests run should become standard for every candidate you consider for the positions you are looking to fill.
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