state courts have ruled that companies can be held liable for __________ if they fail to do adequate background checks. a. deceptive interviewing b. negligent hiring c. over recruiting d. staff inflation

Respuesta :

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.

What is negligent hiring doctrine?

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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