Full question:
If an employer is found guilty of employee negligence in hiring a theft, what charges can brought against the employer? Would it be criminal with jail time or fine charges?
- Category: Employment
- Date:
- State: Maryland
Answer:
Negligent hiring occurs when an employer is held liable for injuries caused by an employee due to the employer's failure to properly vet the employee's background. This claim is based on the idea that the employer knew or should have known about the employee's potential for harm, which could indicate a dangerous or untrustworthy character.
Employers can avoid negligent hiring claims by conducting thorough pre-employment background checks, drug testing, and physical exams. Many states require employers to check the backgrounds and references of job applicants, especially for positions that involve high public contact. States like Alaska, California, Florida, Georgia, Illinois, Kansas, Maryland, New Mexico, and New York recognize the employer's responsibility in this regard.
Common roles at risk include real estate agents, rental personnel, delivery workers, maintenance staff, and health care aides. Because negligent hiring is a civil matter, it falls under civil law rather than criminal law. Civil lawsuits typically seek monetary damages or specific actions rather than jail time or criminal penalties. The goal is to restore the injured party to their prior position, usually through compensation for losses incurred due to the employee's actions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.