In this era when workplaces have become "battle zones," negligent hiring is emerging as a contributing source of employer liability for violence. Public employers have been found liable for violent acts of employees both within and outside their normal scope of employment. The authors analyze negli gent hiring doctrine from a human resource management perspective, considering what the U.S. courts are saying and how employer liability can occur. Public employers can develop sound background-checking policies and practices that could both reduce workplace violence and minimize resul tant negligent hiring lawsuits.
NOTE: Information presented in this article is provided as a benefit forPublic Personnel Management readers. The authors do not intend this infor mation to be legal advice. For legal advice on workplace violence, negligent hiring, or related matters, please consult with competent legal counsel.
Negligent hiring is emerging as one of the prime causes of healthcare employer liability for workplace violence. Healthcare administrators have been found liable for violent acts of employees both within and outside their normal scope of employment. The authors discuss negligent hiring doctrine and what the US courts have decided on negligent hiring cases. The discussion shows how liability in healthcare institutions can occur, and how the respondeat superior doctrine may no longer serve to limit employer liability. The authors suggest how to develop screening practices to reduce work-place violence and minimize negligent hiring lawsuits.
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