A claim of negligent hiring is based on the idea that an employer has a duty to protect others from a risk of harm posed by employees of which the employer knows or should know. If an employer fails to exercise reasonable care to ensure that other employees and customers are not at risk of harm from its employees, the employer may be liable for negligent hiring. For example, an employer might be liable for hiring an employee with a violent criminal record and providing the employee with a firearm. Liability may also be appropriate when an employer fails to check an employee’s past employer references, which would have revealed that an employee was unfit for the position.
- The employer owed a duty to the injured person to use reasonable care in selecting its employees;
- The employer’s conduct in hiring or retaining the employee was not reasonably prudent under the circumstances;
- The employer’s failure to exercise reasonable care caused injuries to the plaintiff; and
- The plaintiff suffered damages.