Avoid Being Charged with Negligent Hiring

Negligence, in regards to employment, is a claim brought by an individual seeking to hold an employer liable for the damages (injury) caused by an employee. The elements for establishing a negligence claim in employment are basically the same as for a standard negligence claim. As applied in the employment context, these elements are:

-That the employer owed the injured party (plaintiff) a duty of care
-The duty of care was breached by the employer
-The breach caused the injury to the plaintiff
-The injury to the plaintiff was reasonably foreseeable

In the employment context, negligence actions can generally be broken down into four categories:

-Negligent hiring
-Negligent retention
-Negligent supervision
-Negligent training

Negligent Hiring

Employers have a duty to use reasonable care when hiring employees to ensure that they do not hire individuals who may pose a threat of injury to fellow employees, members of the public, or the workplace in general. In many cases, negligent hiring claims stem from acts of violence and sexual assault against co-workers.

When an employer fails to conduct an adequate pre-employment investigation — including, as circumstances warrant, reference checks, post-employment verifications, credit checks, and criminal record checks — that employer risks the potential for negligent hiring liability for injuries caused by a disruptive or violent employee to third parties, such as customers, clients, suppliers, visitors, or others.

While the legal standards vary from state to state, damages may be awarded for actual injuries and for pain and suffering; punitive damages are not uncommon. In addition, under state workers’ compensation laws, employers may be required to compensate victims for on-the-job violence.

It is easy for employers to be overwhelmed by the various recordkeeping and retention requirements mandated by federal law.

In many instances, employers also have to contend with additional requirements set forth by state law. The following chart is a summary of the recordkeeping and retention requirements set forth under federal law. Because many of the same records are required to be maintained under several different federal statutes, this chart sorts the information by record type, rather than by statute.

While some of the requirements will apply to most employers, there are some that only apply to federal contractors. Note that the chart reflects the minimum duration a particular record must be retained under federal law.

When developing or amending your organization’s recordkeeping and retention procedures, consult with legal counsel or ask about our affordable online HR services with live support.

View Federal Record Keeping Requirements