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Security Law and Methods by James Pastor

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2

Negligent Employment Claims

NEGLIGENT HIRING

Cause of Action and Elements

Negligent hiring is a cause of action relating to the failure of an employer to properly screen an employee, who subsequently commits a crime or an act of misconduct while on the job. Generally, the employer has a duty to exercise ordinary care in hiring individuals who, because of the nature of the employment, could present a threat of harm or injury to a third party.1 The appropriate level of care required of the employer is commensurate with the type of position for which the employee is hired. For example, if the employee conducts service calls in customers’ homes or workplaces, then the potential of harm is greater than an employee who conducts internal sales calls. ...

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