Negligent hiring is a cause of action that makes
an employer liable to a third party when a worker injures the third
party and the employer knew or should have known that the worker
was likely to cause harm. For example, in one of the early cases, a
utility company worker assaulted a customer while making repairs in
the customer's home. The customer sued the utility, alleging that if
it had investigated the worker's background, it would have learned
that he had been fired from a previous job for assaulting a co-worker.
By making a reasonable effort to contact all
references and prior empl9yers, even if they do not provide any useful
information, you will have exercised reasonable care to avoid hiring a
dangerous person. This effort can be very helpful in defending a
negligent hiring claim.
Thanks to Marc R. Jacobs, D'Ancona
Labor & Employment Group
