Negligent Hiring Claim: California Case Demonstrates Outer Limits to Liability
Relevance of This California Negligent Hiring Decision
Avoiding negligent hiring lawsuits is an important subject to anyone concerned with risk management in connection with employment decision making. It is a major reason for employers to carefully consider and frequently re-evaluate their background checking procedures.
The negligent hiring case discussed below was decided under California law, and therefore is not binding in other states. However, the underlying legal principles involved are rooted in basic negligence law, and therefore similar issues could arise in any state. (As always, on matters of state law, for specific legal advice, consult an attorney licensed to practice in that state.)
Facts Giving Rise to Negligent Hiring Lawsuit
In Phillips v. TLC Plumbing, Inc., 172 Cal.App.4th 1133 (2009) , a plumbing company hired a plumber in 1999, although it knew he had been convicted of domestic violence and/or arson involving his ex-wife. Continue reading …
Guest post courtesy of ESR, Inc. (Employment Screening Resources), providing online pre-employment screening services for firms of all sizes across numerous industries.
Article courtesy of George Lenard, the originator of George’s Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.
