NCJ Number
142135
Journal
Security Management Volume: 37 Issue: 4 Dated: (April 1993) Pages: 38-40
Date Published
1993
Length
3 pages
Annotation
Businesses are increasingly being held liable for injuries employees inflict on third parties. Many States have circumvented the restrictions of respondeat superior with new theories of negligent hiring and negligent retention. It may no longer matter whether an employee acted outside the scope of his responsibilities when he caused harm to another; the new test may be whether the employer had a duty to properly investigate the employee's background and whether that investigation would have revealed harmful character traits.
Abstract
A cause of action based on claims of negligent hiring or retention would presume negligently conducting a preemployment investigation, failing to conduct an investigation, or hiring with knowledge of a dangerous propensity. If no facts were available before hiring an employee, but became known during the course of employment, a case for negligent retention could be made. While employers must take into consideration all information provided on a job application, most State courts have held that employers are not liable for checking an applicant's criminal record. Companies who serve the public have an added responsibility to exercise due caution in their hiring practices. Nevertheless, a claim of negligent hiring or retention must prove both foreseeability and proximate cause. 6 references