What is Negligent Hiring?

What is Negligent Hiring?

Negligent hiring lawsuits can occur when employers fail to perform background checks on potential employees.


Companies should have specific hiring policies or guidelines that hiring managers are required to follow. These guidelines outline the proper procedures company managers should follow before hiring a potential candidate.

In order to fill a vacancy, some employers quickly hire someone who may later act in an irresponsible or unethical manner. The results of such hires, can lead to dire consequences such as civil and criminal lawsuits.

States with Negligent Hiring Laws

The federal government has decided that it is the responsibility of employers to make “reasonable” efforts to provide a safe environment for their customers and employees. Many states have also enacted laws related to negligent hiring, they include:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

These prospective states allow employees and others to hold companies responsible for hiring decisions that results in some type of injury, through direct or indirect hiring practices,

Employers can Prevent Negligent Hiring Lawsuits

Employers can benefit from thorough background searches. When an employer fails to exercise reasonable care in hiring an employee, and the company, and employees suffer at the hand of that decision, the company is in danger of facing a serious lawsuit.

The best hiring practice to prevent such lawsuits is to perform a background checks on potential new hires. This precautionary measure can prevent injury and damage to the company, and its employees.

Complete this form to learn more about preventing negligent hiring lawsuits and learn the 4 steps your company needs to take to be in compliance with The Fair Credit Reporting Act.

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