Negligent Hiring

Negligent hiring is a legal or formal complaint or claim made by an employee against an employer. The claim involves the situation when an employer hires someone who then mistreats other employees or in some way causes a severe disruption in the workplace. To prove a claim like this, the employee must show that an employer had specific knowledge that the employee would behave in a certain manner.

One example might involve racial discrimination and harassment. If during a job interview, the Human Resources professional spoke with an applicant about their thoughts and feelings towards members of another race and the applicant indicated their intent to cause problems or harassment, and the company hired them anyway, which then resulted in a harassment situation, this would indicate a case of negligent hiring. In general proving negligence in hiring situations involves showing intent and/or repeated patterns of hiring by an employer.

Please consult an expert in employment law for all legal issues surrounding hiring.