An employer may be liable on the theory of negligent hiring:

Question

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Negligent hiring liability arises when an employer knew or should have known that the employee was unfit or posed a risk of harm to others in carrying out their job responsibilities. This may include situations where the employer did not conduct proper background checks or ignored warning signs in a potential employee's history or behavior. Hiring an individual with a criminal record alone does not automatically make an employer liable for negligent hiring, but it may be one factor that is considered in determining liability. Simply filling out an application or undergoing a pre-employment background check does not absolve an employer of negligent hiring liability if they knew or should have known that the employee was a risk to others.

An Employer May Be Liable on the Theory of Negligent