What is Negligent Hiring?

Why Does Negligent Hiring Matter to Injured Victims?

If someone acting in connection with their job injures you—whether violently, negligently, or recklessly—you may have legal claims not only against the person directly responsible but also their employer. Suing for negligent hiring can provide an additional avenue for compensation, holding employers accountable for failing to prevent harm through proper hiring practices.

Employer Duty and Reasonableness Under Georgia Law

Georgia law does not impose rigid statutory requirements specifically labeled “negligent hiring,” but case law has established clear expectations regarding employer responsibility. Negligent hiring laws aim to encourage employers to take diligent steps when hiring employees who will have contact with the public, vulnerable populations, or sensitive positions. This includes:

• Conducting criminal background checks, especially for safety-sensitive positions
• Contacting previous employers for references
• Verifying professional licenses when required
• Assessing whether the employee’s history posed a foreseeable risk

Failing to meet these standards can not only lead to legal liability but also cause devastating, sometimes life-altering injuries to victims. Some important legal references include:

• O.C.G.A. § 34-7-20 et seq. (Georgia Fair Employment Practices Act): While this Act primarily addresses employment discrimination, it allows employers to conduct background checks under certain circumstances and cautions against discriminatory practices.
• O.C.G.A. § 35-3-34: Governs access to Georgia’s Crime Information Center (GCIC) criminal records for background checks, often used by employers to verify employee history.
• Case precedent, such as Brady v. Williams, 195 Ga. App. 815 (1990), where the court held employers could be liable for negligent hiring if they fail to use reasonable care to avoid hiring dangerous individuals.

Georgia courts assess the reasonableness of the employer’s actions based on the position’s nature, the foreseeability of harm, and the steps taken to verify the applicant’s background and qualifications.

How Negligent Hiring Impacts Personal Injury Cases in Georgia

If you suffer injuries in Georgia as a result of an employee’s negligence or intentional wrongdoing, you may hold the employer responsible under negligent hiring. Some common scenarios in Georgia include:

• Assaults or violent acts by employees
• Sexual harassment or abuse committed by staff
• Traffic accidents caused by unqualified or poorly screened drivers
• Harm caused by employees who are under the influence of drugs or alcohol

Proving negligent hiring involves showing that the employer knew or should have known about the employee’s dangerous propensity and failed to act reasonably in preventing the harm. In Georgia, negligent hiring claims require the injured party to prove several elements:

1. The employer owed a duty to exercise reasonable care in hiring or retaining the employee.
2. The employer breached that duty by hiring or retaining an unfit employee.
3. The employee was unfit for the position such that hiring them created a risk of harm.
4. The employee’s actions caused injury to the plaintiff.
5. The employer’s breach was the proximate cause of the plaintiff’s injury.

Georgia courts emphasize that employers must take reasonable steps to investigate an employee’s background, especially for positions involving contact with the public or access to vulnerable individuals. Failure to do so can open the door to liability for injuries caused by employee misconduct.

Georgia’s Background Check Laws and Employer Responsibilities

Georgia employers have access to various resources to perform background checks including:

• Access to the Georgia Crime Information Center (GCIC) reports
• Federal databases including the National Crime Information Center (NCIC)
• Driving records through the Georgia Department of Driver Services (DDS) for positions requiring driving

However, employers must comply with:

• The Fair Credit Reporting Act (FCRA) when using third-party background check companies
• Anti-discrimination laws under Georgia and federal statutes
• Industry-specific regulations requiring fingerprinting or additional screening, especially in healthcare and education sectors

The Georgia Fair Employment Practices Act also restricts discrimination in hiring while allowing criminal background checks in many situations.

Employers must balance compliance with privacy laws and the need to protect others from foreseeable risks posed by certain employees. Failure to do so could result in negligent hiring claims when harm occurs.

Examples of Negligent Hiring in Georgia

• A Georgia trucking company hires a driver without verifying a commercial driver’s license (CDL) status or accident history, leading to a fatal crash.
• A Georgia nursing home hires an aide without checking past abuse allegations, resulting in patient injury.
• A Georgia childcare center fails to conduct fingerprint-based background checks as required for child care providers, and someone harms a child.
• A retail store employs someone with a history of theft or aggression without proper vetting, resulting in a violent incident.