The correct option is (b) negligent hiring.
State courts have ruled that companies can be held liable for negligent hiring if they fail to do adequate background checks.
<h3>What is negligent hiring doctrine?</h3>
According to the doctrine of negligent hiring, a company is responsible for any injury its workers do to third parties if they knew or should have known that the employee posed a danger of doing so, or if a reasonable investigation would have revealed the risk.
The causes of negligence hiring are-
- Whether the employee's unfitness was the cause of the injuries that resulted
- Whether the employer knew or should have known (had the employer used ordinary care) of the employee's unfitness at the time of employment. Each state has a different liability standard.
An employer be concerned about negligent hiring and retention because-
- An employer may be liable for real injuries, pain and suffering, and even punitive damages if they fail to discipline an employee who poses a danger of injury to coworkers, clients, and others.
- The company may be held liable if these employees go on to commit careless or reckless conduct that could endanger others.
The elements of a negligent retention claim include all of the following:
- An affiliation with a company.
- The employee's lack of expertise.
- The employer may have had actual or constructive awareness of the ineptitude.
- An employee's action or inaction that resulted in the plaintiff's injuries.
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