On This Page
- How Does Negligent Hiring Work?
- How Negligent Hiring Differs From Negligent Retention and Negligent Supervision
- Common Red Flags That Point to Negligent Hiring
- Negligent Hiring in Sexual Abuse Cases
- Negligent Hiring in Violent Crime Cases
- What Evidence Can Help Prove Negligent Hiring?
- How Is Negligent Hiring Different From Vicarious Liability?
- What Should You Do If You Believe an Organization Negligently Hired Someone Who Harmed You?
- How an Attorney Can Help With a Negligent Hiring Claim
- Contact Andreozzi + Foote for a Free Consultation to Talk About Your Case
Negligent hiring occurs when an organization fails to exercise reasonable care to assess whether a candidate is suitable for the role, and that worker later causes foreseeable harm to others. In a civil lawsuit, the focus is on what the organization did during the hiring process and whether the organization had information that should have prompted further review before making the hiring decision.
If negligent hiring contributed to sexual abuse or another violent crime, survivors may be able to pursue compensation through a civil lawsuit. A legal claim can seek compensation for the physical, emotional, and financial effects of the harm. At Andreozzi + Foote, our negligent hiring lawyers work closely with victims to help them pursue compensation and justice.
How Does Negligent Hiring Work?
Negligent hiring may occur when an organization places someone in a position despite a risk related to the person’s ability to perform the job safely. The individual may have a history of misconduct, lack qualifications, or may otherwise be inappropriate for the position.
Depending on the applicable law, the organization may need to have known, or reasonably should have known, about the risk and whether it could lead to foreseeable harm. If the organization fails to take reasonable care in response to that risk, and the failure contributes to someone’s harm, the victim may have grounds for a negligent hiring claim in a civil lawsuit.
Why the Organization's Conduct Matters
An organization’s conduct matters because its hiring decisions can affect whether an employee is enabled to harm another person.
Holding an individual responsible for misconduct focuses on that person’s behavior and the resulting harm. On the other hand, a negligent hiring claim examines whether the organization contributed to the circumstances that enabled the harm by failing to exercise reasonable care in making the hiring decision.
How Negligent Hiring Differs From Negligent Retention and Negligent Supervision
There are three theories of liability in negligent hiring claims, which differ based on when the employer’s misconduct occurs. The three theories are:
- Negligent hiring: The employer failed to use reasonable care when deciding whether to hire someone.
- Negligent retention: The employer kept someone in the position after learning information that raised concerns about their suitability.
- Negligent supervision: The employer failed to reasonably supervise the person after hiring them.
These theories of liability often overlap because concerns can arise at several stages of employment. Depending on the facts and applicable state law, more than one theory may apply in the same case.
| Negligent Hiring | Negligent Retention | Negligent Supervision | |
|---|---|---|---|
| When the employer’s misconduct occurs | When deciding whether to hire someone | After hiring, when the employer keeps someone in the position | After hiring, while the person is working |
| What the employer failed to do | Use reasonable care when deciding whether to hire someone | Act after learning information that raised concerns about the person’s suitability | Reasonably supervise the person after hiring them |
Common Red Flags That Point to Negligent Hiring
Red flags that may indicate negligent hiring include past misconduct or other information that could have raised concerns about a person’s suitability for the position. A reasonable hiring process should include inquiries into the following concerns:
- Prior criminal convictions or charges involving misconduct
- Prior civil complaints or lawsuits involving similar conduct
- Termination from a previous role for related behavior
- Gaps in employment history without explanation
- Inconsistent statements about employment or qualifications
Not every red flag definitively establishes negligent hiring. Its relevance depends on the position, the available information, and applicable law.
Negligent Hiring in Sexual Abuse Cases
Sexual abuse cases can raise negligent hiring concerns when an institution places someone in a position of trust or authority with access to vulnerable or dependent people in its care. Parties that may be liable for negligent hiring in a sexual abuse case include:
- Schools: A school hires a staff member despite information that raised concerns about working with students
- Churches: A church places someone in a role involving regular contact with children or vulnerable individuals despite previous allegations
- Healthcare providers: A healthcare organization hires a worker despite relevant concerns involving patient safety
- Youth organizations: A camp or youth sports organization hires a counselor without adequately reviewing information relevant to the counselor’s work with children
Negligent Hiring in Violent Crime Cases
Negligent hiring may arise when someone with a relevant history of violence is hired for a position that involves direct contact with the public. If the person later assaults or attacks a customer, tenant, patient, or another member of the public, the case may examine whether the employer should have identified the risk before hiring them.
Andreozzi + Foote is Focused on Representing Survivors of Sexual Abuse and Violent Crimes
- Andreozzi + Foote focuses on the institutional side of sexual abuse and violent crime cases, seeking to hold institutions accountable when their actions or failures contribute to abuse.
- The firm does not split its focus among personal injury or other areas of law.
- This exclusive focus allows the firm’s attorneys to concentrate their knowledge and experience specifically on sexual abuse and institutional liability.
- The firm represents survivors of sexual abuse and violent crimes in pursuing accountability and compensation from responsible institutions.
What Evidence Can Help Prove Negligent Hiring?
The evidence needed to prove negligent hiring varies depending on the circumstances and the applicable state law. Because the claim often turns on what an organization knew about a person before hiring them, organizational records can be especially important.
Relevant evidence may include:
- Personnel or HR files containing hiring, disciplinary, and training records
- Background check records showing what the organization checked, what it found, or whether a check was performed
- Prior complaints concerning the person’s conduct
- Statements from coworkers who knew about prior incidents or raised concerns
- Internal emails or messages showing what the organization knew about the potential concerns or risks
- Hiring policies and related records showing what screening the organization was expected to perform
Survivors do not have to track down these records themselves. An attorney can often request and obtain them through discovery once a civil lawsuit begins.
How Is Negligent Hiring Different From Vicarious Liability?
Negligent hiring examines whether an employer made a careless hiring decision, while vicarious liability generally examines whether the employer can be held responsible for an employee’s conduct because of the employment relationship.
The distinction can matter when an employee intentionally assaults, abuses, or otherwise harms someone. If the conduct falls outside the scope of employment, vicarious liability may not apply under the state’s law. A negligent hiring claim can raise a separate question about whether the employer should have identified a risk before hiring or placing the person in the position.
What Should You Do If You Believe an Organization Negligently Hired Someone Who Harmed You?
If you believe an organization negligently hired someone who harmed you, consider speaking with an attorney who handles institutional liability and understands the law in your state. The attorney can help you understand whether you may have a claim and what steps may be available.
Don’t wait to seek legal guidance. Depending on the state and circumstances, statutes of limitations or other filing deadlines may affect how much time you have to bring a claim.
You can also preserve information you already have, including:
- Photographs or videos
- Text messages, emails, or other communications
- Medical or counseling records related to the harm
- Names and contact information for people who may have relevant information
- Documents or other records related to the incident
Do not worry about collecting every piece of evidence yourself. An attorney can help identify what may be relevant and seek additional records when appropriate.
How an Attorney Can Help With a Negligent Hiring Claim
At Andreozzi + Foote, our negligent hiring attorneys will handle all the legal details so you have more time to focus on healing. The services we provide to clients include the following:
- Conducting confidential, trauma-informed consultations
- Investigating abuse claims and identifying all responsible individuals
- Gathering crucial evidence to strengthen the case
- Filing lawsuits
- Managing all communications and settlement negotiations
- Preparing cases for trial, should it become necessary
- Operating on a contingency fee basis so financial barriers do not prevent access to legal help
We are committed to creating a safe, supportive environment for survivors and their families. Our holistic approach combines experienced legal guidance with resources that support healing and help survivors move forward. We have secured significant case results for survivors and their families nationwide, and we tailor our strategy to each person’s circumstances with care and confidentiality.
Contact Andreozzi + Foote for a Free Consultation to Talk About Your Case
If you were harmed by someone an organization negligently hired, our firm can help you explore your legal options. Let our negligent hiring lawyers help you seek accountability and the compensation you need to move forward. We handle these cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you.
Contact us online or call (866) 311-8640 today for a free, in-depth consultation and take the first step toward justice.