What is the difference between negligent hiring and negligent training

Negligent hiring is exactly as it sounds: an employer places an individual in an employment situation that creates an unreasonable risk of harm to others. Claims of negligent hiring have been made against employers for a wide variety of crimes and injuries, including murder, sexual assault, injury, and property loss. For an employer to be found guilty of negligent hiring, courts may consider:. However, in more serious cases, it can even lead to negligent hiring claims. As a recruiter, you might take on many responsibilities of employers, like conducting pre-employment tests.

Failing to do so can be considered negligent hiring and land you in a lawsuit like the one in this article. Negligent hiring is a legal claim made against an employer.

It is made by an individual i. The negligent hiring claim argues that the employer knew or should have known their history before hiring them. Negligent hiring can be the most damaging in professions that require one-on-one care home health care aide , have access to passwords or keys real estate agent , and deal with finances bursar.

You remain the employer of record. Employee A assaults Employee B. An employer hires a home healthcare worker with a past burglary conviction and past for cause employment termination. The employer does not conduct an employment verification or reference check, and thus does not learn of the past for-cause termination. The employee is confronted by the wife of the patient during the robbery and he kills her.

As with the hiring decision itself, each of these facets of the employment relationship must be exercised with due care. Respondeat superior is a legal doctrine that holds employers liable for the actions their employees take within the course and scope of their employment.

Essentially, the doctrine says that employers are generally liable for the actions their employees take at work and within the work environment.