"Knowledge" as an element of the tort of negligent hiring, means all of these EXCEPT:
A)the employer knew the employee was unfit
B)the employer should have known the employee was unfit
C)the employer would have known the employee was unfit if it had done an appropriate background check
D)the employer had no first hand knowledge of unfitness

Question

Quizplus · Accepted Answer

In the context of negligent hiring, "knowledge" encompasses both actual knowledge (the employer knew) and constructive knowledge (the employer should have known or would have known with a proper background check) of an employee's unfitness. The option stating the employer had no first-hand knowledge does not exclude the possibility of negligence, as employers can still be held liable for not knowing what they should have known through reasonable diligence.

"Knowledge" as an Element of the Tort of Negligent Hiring