Negligent Hiring

Courts are now accepting the premise that some facts in an employee's background should disqualify them for a given position; a driver with a history of recklessness behind the wheel, or a bookkeeper with a record of theft, for example.

If the employee causes a foreseeable injury to a third party and the court determines the employer failed to detect or heed the warning signs, the company may be held liable for damages.

Since the risk cannot be easily quantified, employers are well advised to seek outside services to thoroughly investigate the backgrounds of prospective employees.