• Employers may be liable for actions employees take if they were negligent in hiring them.

Employers may be liable for actions employees take at work if it can be shown that the employers were negligent in hiring or retaining them.

Negligent hiring occurs when an employer fails to conduct adequate background checks or ignores red flags during the hiring process, leading to the employment of individuals who pose a risk to others. This can include failing to verify employment history, criminal records, or qualifications.

Negligent retention occurs when an employer continues to employ an individual despite knowing or having reason to know that the employee poses a risk to others. This includes ignoring complaints, failing to address behavioral issues, or not taking appropriate action when an employee demonstrates dangerous or harmful behavior.

Employers should:

• Take threats and harassment that occur within the workplace seriously, and
• Adequately respond to employees’ complaints and warnings about potentially dangerous employees.

Background checks may:

• Reduce the likelihood of hiring violent employees,
• Reduce the company’s exposure, and
• Help demonstrate that the employer did not act negligently if the check provided no reason for concern.