Negligent Hiring Lawsuits

  • By Brittany Guyton
  • 18 Aug, 2015

How to avoid them 

The hiring process can be very stressful for hiring managers or employees in the human resources department. Not only must they find a suitable applicant who possesses the skills necessary to perform the job satisfactorily, but they must also protect the company and current employees from any harm due to a new hire. Lawsuits for negligent hiring are becoming one of the fastest growing areas of litigation and employers are suffering.

Every employer must perform due diligence and exercise reasonable care for the safety of others in the workplace. Employers and hiring managers need to consider if an applicant represents any type of risk to the company or others in their potential role. If an employee is harmed by the new hire and the employer failed to perform due diligence, it is possible that the employer can be sued for damages because they did not perform their legal duty. This case represents a negligent hiring lawsuit and can result in a large settlement fee.

An employer who hires someone they knew, or in the exercise of due diligence should have known, was dangerous or unfit for the position is liable to be sued for negligent hiring. An employer will not typically hire an individual they know to be dangerous or unfit for a job. However, some employers will not perform due diligence during the hiring process and will end up hiring dangerous or unfit employees. This oversight can cause several problems in the workplace. Due diligence should be implemented as part of an employer’s standard risk mitigation process.
If an employer performs due diligence then they will be protected against a negligent hiring lawsuit. So what is involved with performing due diligence? Here are some due diligence methods that protect your company from a negligent hiring lawsuit:
  • Background Check
  • Credit Check
  • Criminal Records
  • Motor Vehicle History
  • Employment Screening
  • Education Verification
  • Drug Screening
  • Credential/License Verification


Employers and hiring managers must be proactive in performing comprehensive background checks in order to avoid liability. CourtHouse Concepts can perform all of the pre-employment screening services that a company requires to exercise due diligence. Our experienced professionals will deliver all the background check information you need to make a safe hire that will add benefit to your company. Visit http://www.courthouseconcepts.net/ or call 877-750-3660 today to find out more about how CourtHouse Concepts can protect you with pre-employment screening services.

The CHC Blog

By Mark Ridgeway 13 Oct, 2017
As of April 2017, there are 29 states that allow marijuana use for medical purposes. There is considerable variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed and what medical conditions it can be used for.

At the federal level, cannabis is still a prohibited substance. However in 2014, the Rohrabacher–Farr amendment  was signed into law, prohibiting the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws.

The following excerpt from a   Society for Human Resource Management  article gives a general overview of how medical marijuana impacts employers and the issues that need to be considered if you are in one of the 29 states:
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