Negligent Hiring, Retention, and Supervision Claims: Best Practices for Prevention and Defense

Summary

This practice note addresses the potential for negligence liability employers face when they hire and/or retain employees who end up causing injury to third parties or other employees. Under most states' laws, an employer has an obligation to use reasonable care in selecting and retaining employees. An employer violates this duty when it hires or retains an employee that it knows or should know is unfit or incompetent to perform the work required.