In order to avoid liability for negligent hiring, the primary question an employer must consider is:

Abstract

The threat of negligent hiring lawsuits is thought to play an important role in the widespread use of criminal background checks among US employers. This article examines the construction of negligent hiring within the trade literature of the human resources (HR) field using a qualitative content analysis. While courts tend to view criminal record checks as unnecessary for occupations that do not carry foreseeable risks, the article finds that the HR field has broadly endorsed criminal record checks as the default practice for screening job candidates. The article argues that this divergence stems from the structured uncertainty of compliance under the common law tort of negligent hiring, which shapes organizational behavior in ways that defy the substantive clarity of relevant case law.

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How can an employer prevent a claim of negligent hiring?

What are negligent hiring practices?

Which screening method is most commonly used to help firms avoid negligent hiring lawsuits?

What are the liabilities of the employer?